Before Cancelling Membership Of The District Bar Association, It Has To Be Ratified By General Body While Convening Meeting & Not By Circulation: Madhya Pradesh HC
The Madhya Pradesh High Court held that before cancelling the membership of the District Bar Association it has to be ratified by the General Body of the Bar Association while convening the meeting and not by circulation.
The Court was hearing a Writ Petition filed under Article 226 of the Constitution of India seeking to quash the impugned order and was asking for restoration of his membership in the District Bar Association.
The bench of Justice Anand Pathak and Justice Rajendra Kumar Vani while noting that the District Bar Association has accepted that the Bar Association is guided by the model byelaws of the State Bar Council observed, “then before removing/ cancelling membership of the petitioner, the same has to be ratified by the General Body while convening meeting and not by circulation..."
Advocate Gaurav Mishra appeared for the Petitioner and Advocate D.P. Singh appeared for the Respondent.
Brief Facts-
The petitioner, a practising advocate in District Datia, challenged the cancellation of his membership in the District Bar Association. He served as the President of the Executive Body of the District Bar Association Datia for 2 years. After his tenure was over he was supposed to deposit some amount of the Bar Association which allegedly he did not deposit. Consequently, the Executive Council issued a show-cause notice to which the petitioner responded. Despite that, the membership was cancelled prompting the petitioner to seek recourse through the present Writ Petition.
The Court perused provisions of the Madhya Pradesh Adhivakta Kalyan Nidhi Adhiniyam, 1982 and observed, “Adhiniyam, 1982 is an Act to provide for the Constitution of a Welfare Fund for running various schemes for the social security and welfare of Advocates in the State of Madhya Pradesh and for matters connected therewith or incidental thereto.”
The Court noted that the State Bar Council which is the parent body could have been consulted before removing the membership of the petitioner but that was not done.
Resultantly, the Court set aside the impugned order that cancelled the membership of the Ex-President of the District Bar Association and allowed the Petition.
Cause Title: Ram Sahai Chiroliya v. District Bar Association, Datia
Appearance:
Appellant: Adv Gaurav Mishra
Respondent: Adv. D.P. Singh and Adv. Jitendra Sharma