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2014 Supreme(Del) 606

MANMOHAN SINGH
UTKARSH – Appellant
Versus
Delhi Bar Association – Respondent


Advocate Appeared:
For the Plaintiff:Kirti Uppal, Sr. Adv. with Nikhil Kharbanda, Anshumaan Sahni, Advocates.
For the Defendant:R.K. Sharma, Nithin Ahlawat, Rajeev Rathi, Dezy Gaur, Rajiv Khosla, Advocates.

Judgment :

Manmohan Singh, J.

1. The plaintiff, a practicing advocate, has filed the present suit against the defendant, Delhi Bar Association, for mandatory injunction.

2. It the case of the plaintiff that the defendant is governed by a Constitution which is amended from time to time and that the last amendment was carried out by the general body of the defendant in its meeting on 12th January, 2010. As per the Constitution of the defendant, the defendant has to be governed by a committee elected by the members of the defendant in the elections held every two years.

3. As per clause 13 of the Constitution of the defendant, the said elections have to be held by 25th of January every two years. Accordingly, since the last elections were held in January, 2010, the term of the existing committee elected in 2012 has come to an end and the elections ought to have been mandatorily held before 25th January, 2014.

4. The Constitution of defendant further stipulates certain dates on which certain steps have to be taken so as to ensure that the elections are held before the 25th January of the election year. The same are mentioned as under:

Clause Date as per the Constitution Purpose Extendable or




























































































































































































































































































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