The Elders Committee Lko. Bar Association Thru. Chairman Lko. and Others v. The Bar Council of U.P. Lko. Thru. Its Secy. and Others

Court No. - 3 Case :- WRIT - C No. - 8054 of 2023 Petitioner :- The Elders Committee Lko. Bar Association Thru. Chairman Lko. And Others Respondent :- The Bar Council Of U.P. Lko. Thru. Its Secy. And Others Counsel for Petitioner :- Ambrish Kumar Dwivedi,Awdhesh Kumar Mishra,Rajendra Prasad Tiwari,Sushil Kumar Singh Counsel for Respondent :- Subhash Chandra Pandey,Anand Mani Tripathi,Dhirendra Shukla Hon'ble Vivek Chaudhary,J. Hon'ble Manish Kumar,J. Present writ petition is filed by the Elders Committee, Lucknow Bar Association which is an Association at Collectorate, Lucknow. Petition was that the outgoing Executive body and outgoing President and General Secretary are not holding the elections though their term has expired, and thus, the Elders Committee should get the elections conducted. In this case, on 17.10.2023, with the consent of the counsel for the parties, ten member Elders Committee was constituted which was required to get the elections conducted and also pronounce the result by 09.11.2023. It is informed that till date, the said elections are not held in furtherance of the aforesaid order dated 17.10.2023. It is also informed that the Chairman of the Elders Committee has expired yesterday, though the elections were to be conducted and result declared by 09.11.2023. Normally, this Court does not interfere with the matters of election of a Society. The same are to be looked into by the appropriate authority. However, looking into the fact that this was a matter with regard to Bar Association functioning at Collectorate, Lucknow and a consent order was sought, the Court exercised its indulgence. The indulgence exercised by this Court is not respected by the parties. Therefore, this Court is not inclined to further exercise any indulgence in the matter. The writ petition is consigned to record with liberty to the parties to approach appropriate authority in accordance with law. Meanwhile, since the term of earlier elected body has expired and elections are not conducted even after order of this Court, the Collector, Lucknow and other authorities are directed not to recognize the Lucknow Bar Association or its Members/OfÏce bearers in any manner. With the aforesaid direction, writ petition stands disposed of. (Manish Kumar, J.) (Vivek Chaudhary, J.) Order Date :- 21.11.2023 Nitesh High Court of Judicature at Allahabad, Lucknow Bench