IN THE HIGH COURT OF JUDICATURE AT PATNA
MOHIT KUMAR SHAH, J.
(31.7.2023)
CWJC No. 15876 of 2022
Rajiva @ Rajiv Ranjan : Petitioner
Vs.
Bihar State Bar Council through
its Chairman, Bar Council
Bhawan, Patna & Ors. : Respondents
Uniform Model Rules of Bihar State Bar Council – Rules 15, 15 A, 19, 32 and 32 A – Direction to hand over charge of Bar Association, Danapur to Ad hoc Committee – Uniform Rules empower Bihar State Bar Association to make arrangement for management or ad hoc management of concerned Bar Association and hold election within stipulated time – Executive Committee of concerned Bar Association shall become functus officio after completion of its tenure – Then Executive Committee of Bar Association Danapur, despite expiry of its term had been stalling elections on one pretext or other – Thereafter, Executive Committee of Bihar State Bar Council took a decision to appoint an Ad hoc Committee for the purposes of selecting a Returning Officer and holding election of Bar Association, Danapur – Bihar State Bar Council has acted in consonance with Uniform Rules, in order to protect democratic process of election – There is no illegality in decision of Bihar State Bar Council, as contained in its letter dated 13.10.2022, to appoint an Ad hoc Committee of Bar Association, Danapur for convening meeting of General Body of Association, initiating process of election by appointing a Returning Officer and a Three-Men Committee as per provisions of Uniform Model Rules and to complete work and audit of Association – Writ Petition dismissed. (Paras 8, 9, 10 and 14)
Janpad Diwani Evam Faujdari Bar Assoc., Gautam Budh Nagar Vs. Bar Council of U.P., 2015 SCC Online All 7470; Madhya Pradesh High Court Judgment dated 09.01.2018 in case of Bar Association Lahar Vs. State Bar Council of M.P. and Anr. (W.P. No.750 of 2017) – Distinguished.
Rakesh Punia Vs. Bar Council of India and Anr., 2016 SCC OnLine P&H 19696; Praveen Kumar Vs. Union of India & Ors., (2009) 1 PLJR 260 – Relied.
MOHIT KUMAR SHAH, J.:–The present writ petition has been filed for quashing the letter dated 13.10.2022, communicated through Whatsapp by the Secretary, Bihar State Bar Council, whereby and whereunder the petitioner has been directed to hand over charge of the Bar Association, Danapur to the Ad hoc Committee, as also for issuance of a writ in the nature of quo warranto qua the respondent no.4, i.e. the Adhoc Committee of the Bar Association, Danapur. The petitioner has also prayed for quashing of the letter dated 15.10.2022, whereby and whereunder the Convernor, Executive Committee-cum-Election Commission, Bihar State Bar Council has prohibited the petitioner from holding the election of Returning Officer of the Bar Association, Danapur, for quashing of the letter dated 26.10.2022 issued by the Secretary, Bihar State Bar Council, whereby and whereunder the explanation of the petitioner has been rejected and further for directing the respondents to allow the Returning Officer, validly elected on 18.10.2022 to continue in the office.
2. The brief facts of the case, according to the petitioner, are that the petitioner was elected as the President of the Bar Association, Danapur with effect from 24.05.2019 for a period of two years, however, after expiry of his term, the election of the Bar Association, Danapur could not be held in the year 2021 on account of spread of Covid-19 infection, hence extension was granted by the Bihar State Bar Council from time to time and the then Office bearers of the Bar Association, Danapur, with the petitioner as the President, kept working till the month of October, 2022. It is also submitted that the term of the Office bearers of the Bar Association, Danapur was extended, vide letters dated 13.04.2021, 16.04.2022 and 04.08.2022 and lastly, with effect from 01.08.2022 for three months by the Bihar State Bar Council. It is next submitted that on 12.09.2022, a meeting of the Executive Committee of the Bar Association, Danapur was held and it was decided to hold the election of the Returning Officer and choose a Three-Men Committee so as to enable them to hold the next election of the Bar Association, Danapur. On 18.10.2022, the election for the post of the Returning Officer was held and Sri Dinesh Kumar Singh, Advocate was declared elected as the Returning Officer, Bar Association, Danapur, whereafter, the Bihar State Bar Council was informed vide letter dated 19.10.2022 regarding selection of the Returning Officer. However, the Bihar State Bar Council, vide letter dated 13.10.2022, in view of the anarchy prevailing at the level of the Bar Association, Danapur and election having not been held for a long period, communicated its decision to constitute an Adhoc Committee of the Association with effect from 01.11.2022, resulting in the then existing Old Executive Committee of the Association having stood dissolved. It was also resolved by the Bihar State Bar Council that newly constituted Ad hoc Committee shall convene the meeting of the General Body of the Association before 15.02.2023 for initiating the process of election of the Association by way of appointing the Returning Officer/Assistant Returning Officer and Three-Men Committee as per the provisions of Uniform Model Rules so that the election of the Association can be completed as soon as possible. The newly constituted Ad hoc Committee of the Association was also directed to complete the work of Audit of the Association by a competent authority within three months. The Bihar State Bar Council had also sent its communications to the Ad hoc Committee, Bar Association, Danapur, vide letter dated 26.10.2022 stating therein that the election of the Association should be initiated and completed in the manner prescribed under Rules 15, 17 and 19 to 20 of the Uniform Model Rules as also as per the earlier decision of the Committee dated 07.10.20
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