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MOHIT KUMAR SHAH
Amrendra Kumar Singh – Appellant
Versus
Bihar State Bar Council through the Secretary – Respondent
Mohit Kumar Shah, J.—The present writ petition has been filed for quashing the letter dated 11.06.2024 (containing Resolution No. 83/2024 dated 08.06.2024), issued by the Bihar State Bar Council, Patna, whereby and whereunder the financial powers of the General Secretary of the District Bar Association, Chapra i.e. the petitioner herein has been seized and a second show cause has been directed to be issued to him to explain the position, keeping in view the complaint petition filed by 293 Members, including the Executive Members of the District Bar Association, Chapra, application of the Treasurer and report of the Three Member Committee and come forward with detailed explanation, regarding the issues raised therein, qua the petitioner as also appear before the General Body of the Bihar State Bar Council, Patna, with ledger and other proof in support of his explanation.
2. The brief facts of the case, according to the petitioner, are that the petitioner had contested the election of District Bar Association, Chapra, for the term 2024-26 and was elected as the General Secretary of the Bar Association, whereafter he took oath on 16.04.2024 and the first meeting of the Association was
The Disciplinary Committee of the Bar Council of India cannot entertain appeals without prior punishment being imposed by the State Bar Council, rendering subsequent orders non-est.
The abrupt increase of the nomination fee for elections to Rs.1,25,000 without following due legal process violates democratic principles and is deemed arbitrary and unconstitutional.
The main legal point established in the judgment is the importance of correctly interpreting the specific provisions of the Rules, 2006 in the context of affiliation, and ensuring that the denial of ....
A writ under Article 226 is maintainable against the BCCI, and internal disputes within the BCA should be addressed by the BCCI Ombudsman.
Cancellation of membership from a Bar Association must be ratified by the General Body and comply with model byelaws; any failure to adhere renders the cancellation invalid.
The failure to meet eligibility criteria for the Treasurer position based on practice years invalidated the nomination; compliance with Central Election Committee's directives is mandatory.
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