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2016 Supreme(All) 1474

ALLAHABAD HIGH COURT
BEFORE : DILIP GUPTA AND MANOJ KUMAR GUPTA, JJ.
HARBANSH SINGH AND OTHERS ....Petitioners
Versus
STATE OF U.P. AND OTHERS ....Respondents
(Civil Misc. Writ Petition Nos. 42195 and 42660 of 2016, decided on 14th September, 2016)

Advocates:
Counsel :
Narendra Singh, Rajiv Sharma, V.C. Mishra, Vikrant Pandey, Sadhna Upadhyaya, Sant Sharan Upadhyay and Vijay Chandra Srivastava for the Petitioners; C.S.C., Anoop Trivedi, Manish Goyal, Ashutosh Dwivedi and Manoj Kumar Rajvanshi for the Respondents.

Headnote:Societies Registration Act, 1860—Section 25(1)—Election dispute—High Court Bar Association—Dispute as to office bearers and members—Allegation of corrupt practice in ballot papers—Ground raised in writ petition found to be purely factual, for which, evidence required to be led by parties—A statutory alternative remedy under Section 25(1) of Act, was available, which could have been availed by petitioners for raising all such grievances—Petitioner could also file a civil suit in regard to grievances—In view of such writ petition dismissed. [Paras 25, 26 and 27]

       Result; Petition Dismissed.

       

JUDGMENT

By the Court.—Writ Petition No. 42195 of 2016 (first petition) has been filed by 22 ordinary/life members of the High Court Bar Association (Bar Association) with the following prayers :

“(i) Issue a writ, order or direction in the nature of mandamus directing the the Elders Committee to cancel the result declared in the meeting convened by the Chief Election Officer, Shri V.M. Zaidi in utter violation of the mandate of Rule 55 of the Bye-laws.

(ii) Issue a writ, order or direction in the nature of mandamus directing the Elders Committee to re-prepare the electoral role of the Association consisting of the Ordinary Members as well as the Life Members in accordance with the various decisions of this Court, Apex Court and provisions of the Bye-laws including the principles of “One Vote One Bar”.

(iii) Issue a writ, order or direction in the nature of mandamus directing the Elders Committee to appoint new Chief Returning Officer excluding those who were connected with the election for the members of the Governing Council of the Association 2016-17.

(iv) Issue a writ, order or direction in the nature of mandamus directing the Elders Committee to hold the fresh re-pole for electing the office bearers of the Governing Council of the Association adhering the direction issued by the High Court as well as the Apex Court from time to time.

(v) Issue a writ, order or direction in the nature of mandamus referring the matter to the Bar Council of U.P. under Section 35 of the Advocates Act for taking action against the Advocates involved in the misconduct of the election process of the Association as well as violation of Rules and direction of this Hon’ble Court and the Apex Court issued from time to time.

(vi) Issue a writ, order or direction in the nature of mandamus drecognizing the constitution of the Governing Council of the Association issued by Shri V.M. Zaidi and handing over charge to them in an illegally convened meeting of the General Body on 1.9.2016 in violation of Rule 55 whereby the Chairman Elders Committee alone was entitled to convene the same and declare the result.

(vii) Issue a writ, order or direction in the nature of mandamus directing the Respondent No. 2 to ensure compliance of the various directions issued by this Hon’ble Court as well as Apex Court with regard to the membership of the various Annex Bar Association, all over the State of U.P.

2. Writ Petition No. 42660 of 2016 (second petition) has been filed with the following prayers :

“(i) Issue a writ, order or direction in the nature certiorari setting aside the election of the Executive Body of High Court Bar Association held on 10th of August 2016 as the same is illegal and in serious contravention of the HCBA Bye-laws that have been upheld by order dated 8.5.2015 passed by the Hon’ble Full Bench [Seven Judges decision Annexure 9].

(ii) Issue, a writ order or direction in the nature of ‘MANDAMUS’;

(a) constituting “Implementation Committee” to hold the HCBA Election 2016, afresh under monitoring of the Hon’ble High Court as was done by Hon’ble Division Bench in the case of District Court Bar Association matter Inre: Pankaj Kumar Singh (Annexure 16 to the Writ Petition), following the order dated 8.5.2015 passed by the Hon’ble Full Bench [Seven Judges decision Annexure 9]

(b) Directing the Election Committee 2016 of the High Court Bar Association to prepare comprehensive Voter List with photographs, addresses, e-mail, and phone numbers of the members/voters, after obtaining their affidavits to the effect that they have not voted in any other Court Annexed Bar Association in Allahabad or any other district in the State of Uttar Pradesh or any other States in India.

(c) Directing preparation of comprehensive tentative voter list for elections High Court Bar Association Allahabad 2016 as stated above so that it should be ready for scrutiny by the m














































































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