JUDGMENT :

HARISH KUMAR, J.

Heard Mr. Amit Srivastava, learned Senior Advocate assisted by Mr. Onkar Nath, learned Advocate for the petitioners, Mr. Bipin Kumar, learned Advocate for the Bihar State Bar Council and the learned Advocate for the State.

2. The petitioners voiced a concern and grievance pertaining to inaction of the Bihar State Bar Council in not allowing to hold the election of District Bar Association, Lakhisara. Challenge has been made to an order dated 04.01.2026 as contained in Ref:- 18 to 24/2026, whereby the Bihar State Bar Council resolve to restrain forthwith to begin with the election process of District Bar Association, Lakhisarai which was commenced in pursuance to General Body Meeting dated 11.12.2025.

3. The petitioners have also challenged the show-cause notice dated 09.12.2025, whereby the petitioners have been directed to furnish show-cause within fortnight; besides the order dated 15.12.2025, whereby the Three Member Committee of the respondents were directed to resolve the ongoing stalement/hindrance in the Lakhisarai Bar Association.

4. Learned Senior Advocate representing the petitioners has taken this Court through various averments made in the writ petition and submitted that last election of District Bar Association was held on 16.10.2023 but unfortunately, the elected Committee began to act in contrary to the by laws and rules. Notwithstanding the expiry of the terms of Committee, no action was taken to conduct election of District Bar Association, which caused serious resentment amongst the members. Rule 15 of the Uniform Rules For Bar/Advocates/Lawyers Association of Bihar mandates that the terms of the office bearers and the members of the Executive Committee, shall be only for two years from the date of election, which shall be counted from 16^th April of the year. After expiration of the terms, the Executive Committee shall cease to function and the Election Commission of the Bihar State Bar Council shall take steps to hold the election within a period of three months. The term of the previous elected Committee has ceased on 16.04.2025 itself, but till date the fresh election could not be held, compelling the petitioners to constitute an ad hoc committee and start the process of election.

5. Referring to the resolution dated 12.11.2025, the copy of which is marked as Annexure-P/2, it is submitted that on 12.11.2025 itself, the Bar Council deliberated upon the issue and observed that the dispute of affairs continuing in the association is very unfortunate and as a last chance, the Council resolves to grant 30 days time to the Association for calling General Body meeting for election of Returning Officer and Three Men Committee for holding election of the Association. Despite the aforesaid deliberation taken by the Bihar State Bar Council, the members thereof by one reason or other have not been allowing the election to be conducted and, as such, the General Body Association of Lakhisarai Bar Association has fixed the date of election to be held on 24.01.2026, in terms with the general notice dated 18.12.2025, the copy of which is placed on record as Annexure-P/10.

6. Narrating the aforesaid State of affairs and concern of the members of the Bar Association, learned Senior Advocate concluded that more than three months have been lapsed after expiry of the period of the terms of the office bearer, till date, the election could not be held. The petitioners before this Court are only intended to get a new elected Committee after proper election but the Bihar State Bar Council has caused hindrances. Hence the present writ petition.

7. Mr. Bipin Kumar, learned Advocate for the Bihar State Bar Council vehemently refuted all the contentions of the petitioners and submitted that the petitioners have taken the law into their hand and illegaly constituted an ad hoc committee, who has no legal status. Referring to Rule 32 of the Uniform Rules For Bar/Advocates/Lawyers Association of Bihar it is contended t