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2025 DAILYLAW 51174 (ALL)

SANJEEV KUMAR SINGH v. STATE OF U.P. & 6 OTHERS

WRIC/13110/2025 · 2025-04-29

Avnish Saxena, Saurabh Dwivedi Registrar J Cpc

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:67790-DB Court No. - 39 Case :- WRIT - C No. - 13110 of 2025 Petitioner :- Sanjeev Kumar Singh Respondent :- State Of U.P. & 6 Others Counsel for Petitioner :- C.S.C.,Ritesh Srivastava Hon'ble Arindam Sinha,J. Hon'ble Avnish Saxena,J. 1. Mr. Ritesh Srivastava, learned advocate appears on behalf of petitioner. He submits, his client is practicing advocate in this Court and a member of High Court Bar Association, Allahabad. Prayer in the petition is for compelling respondents to fix date for election of Office Bearers and members of Governing Council in the association for session 2025-26 in accordance with rule 55 of Rules of the High Court Bar Association, Allahabad. 2. He submits, present executive body took charge on 2nd May, 2024. Twelve months was tenure, due to expire on 1st May, 2025, id est tomorrow. Per rule 18, Office Bearers of the Association and members of the Governing Council are to continue for one month beyond 12 months, during which election of the Executive Council has to be completed. The procedure is mandatory. Present Executive Council has not notified date of the election. He also relies on rule 29, reproduced below. ".....Rule 29. The Annual General Meeting of the Ordinary Members of the Association shall be held every year on a date fixed by the Governing Council at least a month before expiry of the term of the Office Bearers to enable the Election to be held within time. ...." His client is thus before Court for issuance of mandamus. 3. Mr. Sumit Kumar Srivastava, learned advocate appears on behalf of respondent no.6. He submits, there was held annual general meeting (AGM) on 18th April, 2025, wherein, with regard to election, there was resolution passed. It was resolved, inter alia, current tenure of the Executive Council expired on 1st May, 2025 and election is to be held by 1st June, 2025. There was proposal by the Executive Council for holding election in the last week of May, 2025. Many members expressed concern about hot weather and upcoming summer vacation in June, 2025. Suggestion was, the election be held in July, 2025 while other suggestion was that till allotment of chambers, it should not be held. Further resolved was, if the election is not held within 13 months, the Elders Committee will conduct the election. In the circumstances, the Executive Council decided to hand over financial powers to the Elders Committee on 2nd May, 2025. He submits, such powers have already been handed over. Still further resolution was to request the Elders Committee to oversee the election process in July, 2025, as on and from 2nd June, 2025, the existing council will not be able to do any election related work. 4. It appears, the Executive Council had placed the matter of elections in the AGM held on 18th April, 2025. The writ petition does not contain any challenge to procedure of or resolution taken at the AGM. As such, the resolution speaks for itself as was taken by the members. The election will be held. Petitioner need not have any otherwise apprehension. 6. With above observations, the writ petition is disposed of. Order Date :- 30.4.2025 Abhishek Sri. (Arindam Sinha,J.) (Avnish Saxena,J.) Digitally signed by :- ABHISHEK RANJAN SRIVASTAVA High Court of Judicature at Allahabad Digitally signed by :- ABHISHEK RANJAN SRIVASTAVA High Court of Judicature at Allahabad