The State has no statutory obligation to pay electricity dues incurred by Bar Associations, despite advocates' essential role in the judicial system.

1. Heard Sri Arun Kumar Gupta learned Senior Advocate assisted by Sri Ashutosh Pandey learned counsel for the petitioners, Sri Mukul Tripathi learned Standing Counsel for the State and Sri Ashish Mishra learned counsel for the High Court.

2. Present petition has been filed by the Civil Bar Association, Basti, for the following relief:

"(i) Issue a writ, order or direction in the nature of mandamus directing the respondent no. 1 to deposit due electricity bill, due upon the petitioner.

(ii) Issue a writ, order or direction in the nature of mandamus directing the respondent no. 1 to deposit regular electricity bill incurred upon the petitioner."

3. Learned Senior Advocate has first relied on the decision of the Supreme Court in Supreme Court Bar Association and Others Vs. B.D. Kaushik (2011) 13 SCC 774 . That decision has been applied to identical facts, by the Madhya Pradesh High Court in Vinod Kumar Bharadwaj Vs. State of M.P. and Others , AIR 2013 (MP) 145 specifically paragraphs 10, 11 and 12. For ready reference, that passages of the above decision read as below:

"10. The Hon'ble Single Judge of Karnataka in the case of Advocates' Association, Bangalore v. The Chief Minister, Government of Karnataka, Bangalore and others [AIR 1997 Karnataka 18], has held as under in regard to duties discharged by the advocates and obligations of the Government to provide facilities to the Bar Association:

"The nature of the duties discharged by an advocate is in the nature of a public duty. The accommodation/building for an association must be construed and treated as part and parcel of the building of the Court or Court complex, and it cannot be treated differently from the building required for housing of Courts. There cannot be effective working of judicial system or functioning of Administration of Justice in a democratic polity, unless the lawyers and Judges work in the system as complementary for each other. They are the two limbs of the system or can be compared to the two wheels of a chariot of justice. The chariot of justice cannot move or achieve the desired object unless both the wheels work and function complementary to each other. Just as the need of highly competent, honest and devoted judiciary is a must for the protection of rule of law, competent, honest and devoted bar is also a must. Therefore, in a country like ours where the majority of the advocates are not in a position to acquire necessary tools or facilities required by them for effective discharge of their professional duties, a duty is cast on the State to provide minimum facilities like building for an Advocate's Association, minimum library and other facilities to the Advocates' Association. It cannot be disputed that the need of an independent, strong, efficient and honest judiciary for maintenance of rule of law and for the continued existence of democratic form of Government which we have accepted. It also cannot be disputed that the source of recruitment, whether for higher judiciary or subordinate judiciary, is from the Bar."

In the aforesaid judgment, it is held that it is obligatory on the part of the Government to provide free electricity to the Bar Association.

11. From the aforesaid quoted judgments of the Hon'ble Supreme Court and the High Court, it is well settled principle of law that the profession of an advocate is not mere a profession. The advocates are officers of the Court, they have their duty towards their clients and also towards the Court and an efficient and intelligent bar is necessary for the effective administration of justice. If the bar does not have proper facilities in the Court