By the Court.—By this writ petition the petitioner has prayed for quashing the order dated 11.9.2008 (Annexure 1) to the writ petition passed by The Elders Committee of the Bar Association Aliganj, Etah dissolving the Executive Committee of the Bar Association Aliganj, Etah. It is further prayed that a mandamus be issued directing the respondents not to interfere in the peaceful functioning of the petitioner Ambarish Singh as President of the Bar Association, Aliganj, Etah.

2. The petitioner’s case in the writ petition is that the election of the office bearers of the Bar Association, Aliganj was held on 6.9.2007 in which 19 office bearers were declared elected including the petitioner. The petitioner’s case further is that the application was made for registration of the Bar Association under the provisions of the Societies Registration Act, 1860 and the petitioner Bar Association was registered on 28.12.2007. Certificate of registration has been filed as Annexure 4 to the writ petition. It is pleaded that the registered bye-laws are in accordance with the model bye-laws framed and approved by the Bar Council of U.P. An application was made for affiliation before the Bar Council of U.P. and a letter has been issued on 9.8.2008 by the Chairman, Bar Council, U.P. informing that the tenure of the Bar Association shall be from January to December.

3. The Elders Committee has dissolved the committee of the elected office bearers by the impugned order dated 11.9.2008. The said order has been challenged on the ground that no notice or opportunity had been given to the petitioner. It has been further pleaded that the tenure of the office bearers will continue till Dec., 2008 as per the letter of the Bar Council of U.P. referred to above.

4. Learned counsel for the petitioner Sri K.S. Tewari submitted that in view of the specific letter of the Bar Council of U.P. dated 9.8.2008 the petitioner’s term shall continue till Dec. 2008. It has been further submitted that the petitioner Bar Association having been registered with the Registrar, Societies, Firms and Chits only on 28.12.2007 the tenure will start running from the date of the registration. He submits that the decision of the Elders Committee dissolving the office bearers of the association on the ground that the term of the office bearers has come to an end is incorrect.

5. We have considered the submissions of the learned counsel for the petitioner and perused the record.

6. Under the model bye-laws for Bar Associations framed and approved by the Bar Council of U.P. the election of the executive body of the Bar Association, Aliganj was held on 6.9.2007 under the supervision of the Elders Committee in accordance with the bye-laws of the Association. Copy of the model bye-laws as framed by the Bar Council of U.P. has been annexed to the writ petition. Bye-law No. 8 of the model bye-laws provides for an Elders Committee for each Association and bye-law No. 19 of the model bye-laws provides for the term of the office bearers. Bye-law Nos. 8 and 19 of the model bye-laws are being quoted below :

“8. There shall be an Elders Committee of each association consisting of 5 senior members of the Association actively practising in the that court as :

(a) As far as the High Court is concerned 5 designated Senior Most Advocates actively practising in High Court by virtue of their seniority.

(b) so far as the District Court is concerned the seniority of the members of the Elders Committee will be determined taking into account the date of enrolment as an Advocate by the Bar Council and having at least rendered 10 years regular practice in that Court and continuing as regular practitioner of that Court.

(c) Senior most member of the Elders Committee will be the Chairman.

“19. The office bearers of the Association and Members of the Governing Council/Executive Committee shall hold the office till the completion of one year from the date of their election, however, in extraordinary circumstances t