Neutral Citation No. - 2025:AHC:56684-DB Court No. - 39 Case :- WRIT - C No. - 11333 of 2025 Petitioner :- District Bar Association Collectorate Bulandshahr Through Its President, Dharm Pal Sharma Respondent :- Bar Council Of India And 4 Others Counsel for Petitioner :- Santosh Kumar Rai,Saurabh Kumar Counsel for Respondent :- C.S.C.,Rohan Gupta Hon'ble Arindam Sinha,J. Hon'ble Syed Qamar Hasan Rizvi,J. (Per Hon'ble Arindam Sinha,J) 1. Mr. Santosh Kumar Rai, learned advocate appears on behalf of petitioner and submits, under challenge is letter dated 8th April, 2025 of respondent no.2. He submits, the election could not have been notified on the schedule as Elders Committee was not duly constituted. Drawing attention to order dated 21st March, 2025 of co-ordinate Bench in disposing of Writ C no. 5943 of 2025 (District Bar Association and another vs. Bar Council of India and two others), he submits, constitution of the Elders Committee was made by the Court. Relied upon paragraph in said order is reproduced below. "Learned Counsel for the petitioner and learned counsel for the private-respondent no.3 have fairly come out with an amicable solution by which the entire dispute could be resolved. The parties are in agreement that a fresh election may be conducted so that issue could be finally resolved. The parties have agreed that a Elder's Committee be appointed. Five names are jointly suggested by the counsel for the parties namely Rampal Singh, Ramdas Sharma, Jagdish Prasad Sharma, Gajraj Singh Verma and Mhaveer Prasad Mittal. The list of these five members is signed by both the sides and is taken on record." On 2nd April, 2025, Ramdas Sharma and Jagadish Prasad Sharma, two members of the Elders Committee resigned. Disclosed in the writ petition is his client's letter dated 5th April, 2025, seeking reconstitution of the Elders Committee. 2. On query from Court, Mr. Rai relies on rule 7 in Model Bye Laws for Bar Associations, Uttar Pradesh. The rule is reproduced below. "7. There shall be an Elders Committee of each association consisting of 5 senior most members of the Association actively practising in that court as :- (a) As far as the High Court is concerned 5 designated Senior Most Advocates actively practising in High Court by virtue of their seniority. (b) so far as the District Court is concerned the seniority of the members of the Elders Committee will be determined taking into account the date of enrolment as an Advocate by the Bar Council and having atleast rendered 10 years regular practice in that court and continuing as regular practitioner of that Court. (c) Senior most member of the Elders Committee will be the Chairman." He seeks interference on submission, the election was not duly notified to bar maintainability of the writ petition at this stage. 3. Mr. Anoop Trivedi, learned senior advocate appears on behalf of respondent nos. 4 and 5 and submits, the election having been notified by the schedule issued, there cannot be interference by Court at this stage. Petitioner, who is outgoing President, may find remedy after the election is over, in accordance with law. He submits further, yesterday 2 of 4 the co-ordinate Bench dismissed application for modification of said order dated 21st March, 2025 regarding re-constitution of the Elders Committee. The order is not yet available on the server and so cannot be produced. 4. Mr. Ashok Kumar Tiwari, learned advocate appears and submits, he represents Bar Council of Uttar Pradesh. His client has not been made party. On query he submits, in the earlier writ petition his client was made party. 5. Bar Council of Uttar Pradesh is added as party. Petitioner has leave to cause the amendment in Court, to be countersigned by Court Master. Amended copy of the writ petition be served on Mr. Tiwari and amended cause title on Mr. Anoop Trivedi. 6. We see from the rule that it is mandatory for each association to have Elders Committee consisting of five senior most members. Rule 54 empowers the Elders Committee to hold the election. Impugned letter was issued by three persons in the committee, two having resigned on 2nd April, 2025. Dismissal of modification application by the co-ordinate Bench is not be fatal to petitioner's case since, co- ordinate Bench by said order dated 21st March, 2025 had only recorded names suggested by the parties, who would constitute the Elders Committee. It had not passed any direction regarding constitution of the committee by itself, for there to be modification. 7. Mr. Trivedi again opposes interference with impugned schedule on submission, the election is ongoing. He submits, the writ petition be kept on any other day for hearing. We are clear in our mind that impugned letter was issued without authority. Allowing the election process to continue would relegate petitioner to remedy of an election petition after the election process is over. As we have found lack of authority, the election cannot be said to have been duly notified. 3 of 4 8. The impugned letter dated 8th April, 2025 is set aside. The writ petition is disposed of. Order Date :- 17.4.2025 Mohini (Arindam Sinha, J.) (S.Q.H. Rizvi, J.) 4 of 4 Digitally signed by :- MOHINI RAI High Court of Judicature at Allahabad