Will Holding Elections In All District Bar Associations On Same Day Be In Larger Interest Of Advocates? Allahabad HC Asks UP Bar Council
The Allahabad High Court directed the U.P. Bar Council to find out if holding elections in all district bar associations on the same day in the State of U.P. will be in the larger interest of the advocates or not.
The Court noted that elections for the Faizabad Bar Association had not been conducted as per the established by-laws, leading to an extended period of non-representation for the association’s members.
The Faizabad Bar Association had held its last election in July 2021, with the term of the elected Governing Council expiring in July 2022. Despite directives and court orders, new elections were not conducted. The Court noted, “Nonholding of elections may lead to unrest amongst members of bar association which in turn may affect the functioning of the courts itself.”
A Division Bench of Justice Rajan Roy and Justice Om Prakash Shukla observed, “However, instead of issuing direction as of now, we would rather direct the U.P. Bar Council to take a call in the matter and if it finds that holding elections in all district bar associations on the same day in the State of U.P. will be in the larger interest of the advocates and will prevent many disputes pertaining to elections then it should consider issuing necessary orders/ resolutions in this regard making it binding upon all district bar associations. Let the U.P. Bar Council take a decision in the matter at the earliest say within three months of passing of this order.”
Advocate Sharad Pathak appeared for the petitioners, while Advocate Subhash Chandra Pandey represented the respondents.
The case stemmed from two interconnected cases. The PIL was filed by the petitioners seeking directions for fresh elections for the Faizabad Bar Association. The petitioners argued that elections were overdue, and previous attempts to hold elections had been fraught with issues.
The Faizabad Bar Association brought the second case through its Secretary challenging the directives from the Bar Council of Uttar Pradesh (U.P. Bar Council) and seeking to clarify the terms of the election process.
The Court took note of the “piquant situation” because as per the bye-laws, the tenure of the Governing Council would be one year but in the said Notification for election, which was never challenged, the elections were to be held for electing a Governing Council only till December, 2023.
The Court explained that it meant that “fresh elections would be held and the tenure of the newly elected Governing Council i.e. the subsequent Governing Council elected in December, would be one year.”
“We also order that Elders Committee shall strictly adhere to the rules known as Bar Council of India Certificate and Place of Practice (Verification) Rules, 2015 (hereinafter referred to as 'the Rules, 2015') and the principle of 'One Bar One Vote' in letter and spirit,” the Court directed.
Consequently, the Court directed the initiation of the process for holding elections for Faizabad Bar Association as per law and to ensure that the said process is completed and elections are held and results are declared by December, 2024 and the newly elected office bearers take oath soon thereafter.
Accordingly, the High Court disposed of the petition.
Cause Title: Dinesh Kumar Singh & Ors. v. Bar Council Of U.P. & Ors. (Neutral Citation: 2024:AHC-LKO:54447-DB)
Appearance:
Petitioners: Advocates Sharad Pathak, Abhinav Mishra and Piyush Pathak
Respondents: Advocates Subhash Chandra Pandey, Dilip Kumar Pandey, Ganga Prasad Mishra and Shailesh Pathak