Chief Justice's Court
Case :- WRIT - C No. - 42600 of 2018
Petitioner :- Shashi Kumar Saini And 2 Others Respondent :- Assistant Registrar Societies And 3 Others Counsel for Petitioner :- Usha Kiran
Counsel for Respondent :- C.S.C.,Amit Kumar Singh,Ashutosh Dwivedi
Hon'ble Govind Mathur,Chief Justice Hon'ble Saurabh Shyam Shamshery,J.
Vide order dated 16.12.2017, the Bar Council of Uttar Pradesh accepted the term of the elected Executive of Tehsil Bar Association, Jansath. Aggrieved by the same, the instant petition for writ is preferred.
It is stated that the Bar Council is having no authority to extend the term of an elected body or even to supervise elections of Bar Council. As per learned counsel, the order dated 16.12.2017 is apparently without jurisdiction.
A Division of this Court in the matter of 'Elders Committee Central Bar Association Azamgarh vs. State of U.P. and Ors.' reported in 2013 (6) ADJ 90, after examine the entire scheme of the Advocates Act, 1961 and the rules framed thereunder, arrived a conclusion that the Authority of the Bar Council is only within the fields referred in the Acts itself and not beyond that.
A Division Bench of Rajasthan High Court in the matter of 'Rajasthan High Court Advocates Association Jodhpur through its President and Another vs. The Bar Council of Rajasthan through its Secretary and Another' held that the State Bar Council under the Advocates Act, 1961 is not having any authority to supervise and control Administration of Bar Association and such decision taken to hold elections of an Association is without jurisdiction.
In the light of whatever stated above, the order dated 16.12.2017 is apparently without jurisdiction and therefore, the reasons to be quashed.
Accordingly, the same is quashed.
It is brought to our notice that even the extended term of the elected Executive of the Bar Association has been expired and presently the Elders Committee is taking care on the Administration of the Bar Association. In view of it, the present writ petition is disposed of with a direction to the Elders Committee to hold the elections of the Bar Association concerned at earliest, preferably within a period of six weeks from today.
Order Date :- 26.2.2019 Rishabh
(Saurabh Shyam Shamshery, J.) (Govind Mathur, C.J.)