I.A. No.17827/2013 (Exemption)

Allowed, subject to just exceptions. The plaintiff is granted four weeks time to file better copies of dim documents and to file the original documents in his power and possession. Application stands disposed of.

C.S. (OS) No.2149/2013

Issue summons in the suit to the defendants returnable on 15.01.2014 before the joint registrar by ordinary process, registered AD speed post and authorised courier, to be listed along with C.S. (OS) No.2111/2013 titled “Delhi Bar Association & Ors. V. Delhi High Court Bar Association & Anr.”

I.A. No.17828/2013

1. Issue notice to the defendants returnable on 15.01.2014 before the joint registrar by ordinary process, registered AD speed post and authorised courier.

2. I have heard detailed submissions of the plaintiff in person, who presses this application for grant of ex-parte ad interim orders of injunction. Since I am not inclined to pass ex parte ad interim orders of injunction, and detailed submissions have been made, I consider it appropriate to record my reasons therefor.

3. The plaintiff, who is a practising advocate and has been, inter alia, the Additional Secretary, Hony. Secretary and President of the Delhi Bar Association for various terms since 1986, has filed the present suit to seek a declaration that the amended rules of the Delhi High Court Bar Association/Defendant No.1 are null and void, non-est and in-operational, and that the said rules cannot be acted upon in relation to the elections for various posts in defendant no.1 association. The plaintiff also seeks a declaration that he is entitled to vote, and is eligible and entitled to contest the elections for the office of President of defendant no.1 association. The plaintiff has also sought a decree of declaration that the Delhi High Court Bar Association Election/December 2013 (Provisional Voters List) published on 31.10.2013 is illegal and not sustainable for the election of office bearers of defendant no.1 association. He has also sought a declaration that appointment of defendant no.4, Sh. J.P. Sengh as the Chief Election Commissioner, and the appointment of defendant no.3, Sh. Mohit Mathur as the Joint Election Commissioner, and members of the election tribunal is wrong and unfair - on account of their being incumbent office bearers i.e. Vice President and Hony. Secretary of the defendant no.1 association respectively. He also seeks a decree of permanent injunction in favour of the plaintiff and against the defendants, thereby restraining them from acting upon the amended rules and upon the Delhi High Court Bar Association Election/December 2013 (Provisional Voters List) published on 31.10.2013 for the purpose of holding the election scheduled to be held on 13.12.2013, or for any other purpose whatsoever.

4. A permanent injunction is sought against the defendants to restrain them from entertaining, or accepting, or allowing any member of the defendant no.1 association from contesting the said forthcoming elections contrary to the rules. The plaintiff also seeks a mandatory injunction against the defendants requiring them to act according to the original rules/unamended rules and constitution of the Delhi High Court Bar Association, and to hold the election in terms thereof. The plaintiff also seeks a mandatory injunction against the defendants, thereby directing the defendants to allow the members of defendant no.1 to deposit the arrears of subscription within a reasonable time as per the practice adopted in the previous elections to enable them to cast their votes in the election strictly as per the un-amended rules/constitution. He also seeks a mandatory injunction to allow the plaintiff to file his nomination for the post of President of defendant no.1 association scheduled to be held in December 2013.

5. The case of the plaintiff, in material respects, is that the elections for the various posts of office bearers in the defendant no.1 association were lastly held in De