1 2025:CGHC:34664 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4332 of 2023 1 - District Bar Association Ambikapur, Surguja Through Its Secretary, Vijay Tiwari, S/o Late Vishwanath Tiwari, Aged About 50 Years, Profession/occupation Practicing Advocate, Residence Of Kedarpur Ambikapur District Surguja (Chhattisgrah) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Law And Legislature Department, Mahanadi Bhawan Mantralay, Atal Nagar Nawa Raipur, District Raipur (C.G.) 2 - The Chhattisgarh State Bar Council Through The Secretary, Chhattisgarh State Bar Council, High Court Campus Bodri Bilaspur District Bilaspur (C.G.) 3 - The Chairman Chhattisgarh State Bar Council, High Court Campus Bodri Bilaspur District Bilaspur (C.G.) 4 - Special Committee Chhattisgarh State Bar Council, High Court Campus Bodri Bilaspur, District Bilaspur (C.G.) 5 - Election Officer Sarguja, District Bar Association Ambikapur, Surguja District Surguja (C.G.) 2 6 - Appellate Committee Sarguja District District Bar Association Ambikapur, Surguja, District Surguja (C.G.) 7 - Udayraj Tiwari S/o Late Shri Jwala Prasad Tiwari, Aged About 58 Years, Practicing Advocate At District And Session Court Ambikapur District Surguja R/o Godhanpur Ambikapur, District Surguja (C.G.) ... Respondent(s) For Petitioner(s) : Shri Apoorva Tripathi, Advocate For Respondent No.1/State For Respondent No.2 to 4 For Respondent No.7 : : : Ms.Nupur Trivedi, PL Dr. Sourabh Pandey, Advocate Shri Gopal Swaroop Gupta, Advocate (Hon’ble Shri Justice Arvind Kumar Verma) Order on Board 21/07/2025 By way of this petition, the petitioner is challenging the legality, validity and propriety of the order dated 14.09.2023 (Annexure P/1) passed by the respondent No.2 whereby proceeded to stay the Bar Association Election proceeding which already stands finalized, concluded and the elected candidates of whom have already been issued their elected certificates, on a complaint wherein they have not been arrayed a a party. The petitioner therefore is seeking for the following reliefs: 10.1. This Hon’ble Court may be pleased to call for the records of the case pertaining to the petitioner from the respondents for its kind perusal. 10.2. This Hon’ble Court may be pleased to set aside/quash the Arbitrary, unreasonable, capricious, whimsical and rather vexatious order dated 14.09.2023 (Annexure P/1) passed by the 3 respondent No.2. 10.3. This Hon’ble Court may be pleased to command the respondent NO.2, being a statutory body, against taking such high handed pre- motivated discriminatory action with respect to the petitioner, especially considering the fact that the petitioner is a duly elected body. 10.4. Any other relief which this Hon’ble Court may deem fit in the facts and circumstances of the case. 10.5 Cost of the petition may also be awarded.” 2. On perusal of the Maanyata Niyam 2009, (vf/koDrk dY;k.k fuf/k vf/kfu;e 1982 ds vuqlkj N-x- jkT; vf/koDrk ifj”kn ds vUrxZr vf/koDrk la/k gsrq½, in Clause 14 of the Constitution, it has been mentioned as under: *14- dk;Zdky% fuokZfpr inkf/kdkjh ,oa dk;Zdkfj.kh lHkk dk dk;Zdky nks o”kksZ ds fy, gksxkA 2 o”kZ iw.kZ gksus ds 10 fnu iwoZ pquko djk;k tk;sxkA ijUrq u;h dk;Zdkfj.kh dk dk;Zdky iwoZ dk;Zdkfj.kh ds 2 o”kZ iw.kZ gksus ds i'pkr~ izkjEHk gksxkA* The election process stood concluded on 21.03.2023 and certificate has been issued in favour of the petitioner thereafter CG State Bar Council issued notice to the petitioner on 14.09.2023 and directed the petitioner to handover the charges to Temporary Adhoc Administrative Committee/body constituted despite the petitioner being duly elected chair holder. This Court has passed the order on 5.10.2023 which reads as under: “Considering the facts and circumstances of the case, submission of learned counsel for the respective parties, in particular the submission of 4 learned counsel for the petitioner that this writ petition is filed by the elected body, got elected in an election conducted by the Election Officer, subject mater of proceedings pending before respondent No.2 and as submitted by learned counsel for the petitioner that it is arising out of the election and petitioner being Elected Body is also managing the affairs of the District Bar Association, purely as an interim measure, it is directed that status quo with respect to functioning of District Br Association, Ambikapur, Surguja as it exists today, shall be maintained by the parties till the next date of hearing.” 3. The protective order of status quo order continued till today. During the pendency of this petition, the period prescribed in Clause 14 of the Constitution of the Bar Council ie. 2 years has been elapsed thereafter on 16.07.2025, learned counsel for respondents No. 2 to 4 submits that the petition has become infructuous because the tenure of the District Bar Association has already been completed. 4. Counsel for the petitioner submits that the respondent No.7 has filed Second Appeal before the Chhattisgarh State Bar Council which is still pending consideration therefore this petition is maintainable. 5. Learned counsel for respondent No.7 submits that he is ready to withdraw Second Appeal filed before respondent No.2 in consonance with the order sheet dated 16.07.2025 for proper adjudication seeking withdrawal of the appeal. 6. It has been mentioned by the respondent No.7 in para 2 of the application that “;g fd vihykFkhZ }kjk orZeku esa mijksDr vihy ij cy ugha nsuk pkgrk gSA” 7. However, the order has not been passed by the Special Committee under the Advocates Act. Learned counsel for respondent 5 No.7 has given undertaking to this court that the application has been filed on 16.07.2025 before the respondent No.2 will not be withdrawn. 8. Looking to the facts and circumstances of the case, particularly the fact that the prescribed period for the post of elected members has already been elapsed and respondent No.7 has already filed for withdrawal of Second Appeal filed before respondent No.2. 9. In the light of the above, learned counsel for the petitioner submits that he does not want to press this petition. 10. The petition is accordingly dismissed as not pressed. However, fresh elections shall be conducted in accordance with the law/rules /regulations of the Maanyata Niyam 2009. Sd/- (Arvind Kumar Verma) Judge SUGUNA DUBEY Digitally signed by SUGUNA DUBEY Date: 2025.07.24 10:43:50 +0530