Hon'ble Umesh Chandra Srivastava,J.
Ayodhya Prasad Shukla, Advocate a practising lawyer at Civil Court Basti is before this Court assailing the validity of the election proceeding of Civil Bar Association Basti for the year 2016-17 scheduled to be held on 20.04.2016 pursuant to the annual general meeting dated 25.03.2016 and further prayer has been made to quash the order dated 07.04.2016 passed by Secretary Bar Council of Civil Bar of U.P., Annexure-2 to the writ petition wherein Bar Council of U.P. has proceeded to ratify the name of Elders Committee of Civil Bar Association, Basti based on the seniority.
On the matter being taken up today, from the side of petitioner it has been sought to be contended that convening of meeting dated 25.03.2016 is illegal and consequent elections being based on the same are also equal illegal.
From the side of respondents, it has been sought to be contended that election process is on and mid way interference should not be made as in case petitioner is aggrieved by the process of election/election proceedings in question he can always question the validity of the same after process of election is over before the appropriate forum/court, as such no interference should be made.
After respective arguments have been advanced, factual situation that has so emerged in the present case that tenure of erstwhile elected bar association has already come to an end and this much is also accepted position that election programme has already been notified by the Elder Committee of the Civil Bar Association, Basti and the elections are scheduled to take place on 20.04.2016.
Law on the subject is clear that once election process is on then no mid way interfere should be made -2- in the holding of the election. See the judgement of Apex Court in Civil Appeal No. 1629 of 2016 (Shaji K. Joseph Vs. V.Vishwanath) decided on 22.02.2016 wherein view to the similar effect has been expressed in paragraphs 15 and 16 of the judgement.
In view of this once such is the factual situation that process of election is on and 20.04.2016 is the date fixed for holding of the election then at this juncture and at this stage of proceeding we refrain ourselves from interfering with the same but we leave it open to petitioner to assail the validity of same after result of election is declared before appropriate forum/court as is available under the law.
Accordingly, present writ petition is dismissed.
Order Date :- 18.4.2016 Dhruv