Are Bar Associations subject matter of Writ Jurisdiction? HC answers

  

The Allahabad High Court has decided on whether or not disputes regarding the office bearer of a Bar Association be a subject matter of Writ Jurisdiction.

The Court was dealing with a writ petition filed by an Advocate, who had contested election for the post of President of Bar Association and stood second. The person who was elected for the post however, hadn't been administered the oath on account of some proceedings undertaken by the Bar Council.

Therefore, the petitioner moved Court arguing that since the person who was elected for the post hasn't been administered the oath, he should be declared President.

Counsel for the State Bar Council, submitted during his arguement that neither the writ petition is maintainable nor such a course would be permissible in view of the admitted scenario that the petitioner had not secured the highest votes.

He further argued that there is no provision in the bye-laws that provides that the second candidate to be declared President in the event the candidate with the highest votes is declared ineligible.

The Court agreed to his contentions and observed:

"The Bar Association remains essentially a private body and in respect of dispute of its office bearer a writ petition ordinarily would not lie"

The Court also added that in the absence of any provision in the bye-laws the candidate with second highest votes cannot be declared as President.

The Court left it open for the petitioner to approach appropriate forum in respect of his grievance, and accordingly consigned to records, the writ petition filed.

Petitioner-Advocate: Sardar Jitendra Singh

Bar Association: Tehsil Bar Association, Khatauli, District Muzaffar Nagar

Bar Council: Uttar Pradesh

Bench: Justice Ashwani Kumar Mishra, Justice Vikram D. Chauhan

Read Order Here:

 

 

SOURCE ;  www.latestlaws.com

Social media is bold.


Social media is young.

Social media raises questions.

 Social media is not satisfied with an answer.

Social media looks at the big picture.

 Social media is interested in every detail.

social media is curious.

 Social media is free.

Social media is irreplaceable.

But never irrelevant.

Social media is you.

(With input from news agency language)

 If you like this story, share it with a friend!  


    We are a non-profit organization. Help us financially to keep our journalism free from government and corporate pressure