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 affiliation is not based on a wrong interpretation of the rules.

JUDGMENT :

1. The present writ petition has been filed for quashing the resolution of emergent meeting of Jharkhand State Bar Council held on 09.12.2020 pursuant to the order dated 14.10.2019 passed by a Bench of this Court in W.P.(C) No.675 of 2017, whereby affiliation of the petitioner with the Council has been denied. Further prayer has been made for issuance of direction upon the respondent-Jharkhand State Bar Council to register/affiliate the petitioner-association under the Bihar State Advocates’ Welfare Fund Act, 1983 (hereinafter to be referred as ‘the Act, 1983’) and/or the Advocates/Bar Associations Affiliation Rules, 2006 (hereinafter to be referred as ‘the Rules, 2006’) or under other relevant Act or Rules or Regulations.

2. The factual background of the case, as stated in the writ petition, is that the petitioner is an association of lawyers, which was formed in the year 1965. It has its office at Sales Tax Building, Sakchi, Jamshedpur and presently there are about 127 members in the petitioner- association. The members of the petitioner- association were facing difficulties by the act/conduct of the District Bar Association and as such they felt it necessary to get the petitioner affiliated with the respondent and as such applied for its affiliation on 13.06.2016 along with a demand draft of Rs.2100/-, however the respondent rejected its request for affiliation vide letter dated 18.12.2016. Subsequently, the respondent vide letters dated 20.05.2019 and 16.08.2019 informed the petitioner inter alia that it had been granted provisional affiliation subject to approval of the general body meeting of the respondent. Further, the petitioner was also asked to provide signatures of its members showing voluntarily acceptance to delete their names from the list of District Bar Association, Jamshedpur. Aggrieved with the said letters, the petitioner filed writ petition being W.P.(C) No.675 of 2017, which was disposed of by a Bench of this Court vide order dated 14.10.2019, remitting the matter to the respondent to get approval of the provisional affiliation granted to the petitioner making it final affiliation subject to fulfilment of other conditions stipulated under Rule 58 to the Model Rule and other conditions which are necessary to be followed within four weeks from the date of receipt of the copy of the order. Since the respondent did not comply the aforesaid order, the petitioner filed Contempt Case (Civil) No.54 of 2020 and only thereafter the respondent took a decision in its emergent meeting held on 09.12.2020 whereby it again denied affiliation to the petitioner on the ground that as per the definition of “Unit” provided under rule 1(d) read with rule 2(b) along with its proviso of the Rules, 2006, affiliation could only be granted to one association in one unit, which had the largest number of members on the date of affiliation. It was further observed in the decision dated 09.12.2020 that largest number of advocates was already in the District Bar Association, Jamshedpur which was affiliated with the Council and the petitioner could not be granted affiliation as it had much less number of members than the District Bar Association, Jamshedpur. The said decision was communicated to the petitioner vide letter dated 06.01.2021. Accordingly, the Cont. (Civil) No.54 of 2020 filed by it was dismissed. Hence, the present writ petition.

3. Learned senior counsel for the petitioner submits that rejection of the petitioner’s affiliation is in violation of the provisions of the Act, 1961 wherein the duty has been cast upon the respondent to promote the growth of Bar Association for the purpose of effective implementation of welfare Scheme. It is further submitted that the decision of the respondent rejecting the petitioner’s application for grant of its affiliation is violative of the provisions of section 14 of the Act, 1983, which provides that all associations of Advocates known by any name functioning in any Court, Tribun