PUNJAB AND HARYANA HIGH COURT
Satish Kumar Mittal and Harinder Singh Sidhu, JJ.
Harjot Singh Harikay and Ors. - Petitioner
Versus
Bar Council of Punjab and Haryana and another - Respondents
CWP No. 6047, 5232, 11212, 527 of 2015 (O&M) And CWP No. 11251 of 2015.
Decided On : 4.8.2015.
Harinder Singh Sidhu, J.
This order shall dispose of above-mentioned four writ petitions and one intra-Court appeal filed under Clause X of the Letters Patent as the common questions of law involved therein.
2. In CWP No. 6047 of 2015 challenge is to the letter dated 21.3.2015 addressed by the Bar Council of Punjab and Haryana to all the Bar Associations in the States of Punjab and Haryana directing that the elections of Bar Associations for the year 2015-16 be held in the first week of December 2015 as per the Bar Associations (Constitution and Registration) Rules 2015. As per the letter, it has been stated that in the meantime, the already elected office bearers are allowed to continue and implement the Rules till the elections are conducted in accordance therewith in December 2015.
3. In CWP No. 5232 of 2015 challenge is to the Bar Association (Constitution and Registration) Rules 2015 and the letter dated 5.3.2015 issued by the Bar Council of Punjab and Haryana directing the holding of elections of the Bar Associations on 4th December, 2015 in accordance with the 2015 Rules.
4. In CWP No. 11251 of 2015, challenge is to the election of respondents No. 6 to 9 as office bearers of the District Bar Association Karnal in the election held on 19.5.2015 for being in contravention of the Bar Associations (Constitution and Registration) Rules, 2015 and also in violation of the interim order dated 11.5.2015 passed in SLP (C) CC 8337-38/15, vide which the operation of the impugned judgment dated 22nd April, 2015 passed by this Court in CWP No. 5232 of 2015 directing that elections of the office bearers of the District Bar Associations whose terms have expired be held within one month, was stayed. It is also prayed that an ad-hoc committee be appointed to manage the affairs of the District Bar Association till fresh elections are held in accordance with the 2015 Rules.
5. In CWP No. 11212 of 2015, challenge is to the election of the office bearers of Kurukshetra Bar Association held on 21.5.2015 on similar grounds as in CWP No. No. 11251 of 2015.
6. In LPA No. 527 of 2015 the orders of learned Single Judge dated 3.12.2014, whereby, CWP No. 14449 of 2014 filed by respondent No. 1 challenging the action of the appellant-Bar Council of Punjab and Haryana in setting aside the election of respondent No. 1, was allowed by holding that the Bar Council did not have the jurisdiction to set aside the election.
7. In sum, in all these cases, the central question is the validity of the Bar Associations (Constitution and Registration) Rules 2015 ( hereinafter referred as the `2015 Rules') framed by the Bar Council of Punjab and Haryana.
8. At the outset, a few background facts may be noted.
9. The question of validity of clause 12(8) of the Bye-laws of the Gurgaon Bar Association which restricted any person from holding the office of President of the Bar Association for more than three times in his life time, was raised in CWP No. 5952 of 2014. The writ petition was disposed of with the observation that the said bye-laws could be amended by the Bar Association, which was a Society registered under the Societies Registration Act, 1860 by resorting to the procedure for amendment as per its memorandum of Association.
10. The matter was carried in appeal in LPA No. 1427 of 2014. In the course of the proceedings in the LPA, the Court had the benefit of assistance and interaction with the Chairman of the Bar Council of Punjab and Haryana along with some elected members/Office-bearers thereof. The need and necessity to enact appropriate Rules which could be applied uniformly to all the Sub Divisional or District level Bar Associations was noticed and it was assured that in their formulation the Office-bearers of District Bar Associations would be consulted.
11. The LPA was disposed of on 1.9.2014 with the following order:-
"(4) While ironing out the above noticed anomalous situation prevailing due to conflicting bye-laws framed by various Bar Associations,
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