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2025 DAILYLAW 56860 (ALL)

THE DISTRICT BAR ASSOCIATION AND ANOTHER v. STATE OF U.P. AND 7 OTHERS

WRIC/15573/2025 · 2025-05-15

Avnish Saxena, Saurabh Dwivedi Registrar J Cpc

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:81737-DB Court No. - 39 Case :- WRIT - C No. - 15573 of 2025 Petitioner :- The District Bar Association And Another Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- Vinod Kumar Counsel for Respondent :- Ashok Kumar Tiwari,C.S.C.,Sai Girdhar Hon'ble Arindam Sinha,J. Hon'ble Avnish Saxena,J. 1. Mr. Vinod Kumar, learned advocate appears on behalf of petitioners. He submits, petitioner no.1 is the District Bar Association, Hathras and petitioner no.2 is ex-Secretary. Under challenge is communication dated 18th July, 2024 bearing illegal resolution taken, to hand over charge to respondent no.8 said to be Chairman of the Elders Committee. He seeks interference on submission, his clients were not taken into confidence, let alone being heard. 2. Mr. Ashok Kumar Tiwari, learned advocate appears on behalf of respondent nos.3 and 5 to 7. He submits, respondent no.8 is the senior-most and thus, was appointed as Chairman of the Elders Committee. Steps were duly taken. Mr. Sai Girdhar, learned advocate appears on behalf of respondent no.2. 3. Cause of petitioners cannot be said to be cause of the District Bar Association. This is because the District Bar Association can only be represented by its office bearers. Ex-President claims to represent the Bar Association as petitioner no.1. Petitioner no.2 has also sued in his earlier capacity of ex-Secretary. The petition therefore suffers from technical defect rendering absence of cause of action. As such, no order can be made. Mr. Kumar submits, there was earlier order dated 7th January, 2025 of coordinate Bench giving liberty to his clients to file afresh. This is the fresh petition. We reiterate, when there are office bearers of the Bar Association, ex-office bearers cannot bring the writ petition in name of the association. 4. The writ petition is disposed of. It will however not prevent filing afresh on same cause, demonstrated to be cause of any member or members of the Association, as in respect of mismanagement of its affairs. Order Date :- 16.5.2025 Gurpreet Singh (Arindam Sinha, J.) (Avnish Saxena,J.) Digitally signed by :- GURPREET SINGH High Court of Judicature at Allahabad