Madhya Pradesh HC Notes Lawyer's 'Shock' Over Bar Election Loss, Adjourns Hearing

In an unusual judicial moment that has drawn attention to the human side of legal practice, the Madhya Pradesh High Court officially recorded that a lawyer was unavailable to argue a case due to the "shock" of losing a Bar Association election. The bench of Justice Vivek Agarwal and Justice Avanindra Kumar Singh passed the order on August 19, a day after election results for the 2026–28 term of the High Court Bar Association were declared.

When Election Defeat Becomes a Matter of Court Record

The brief order in WA No. 961 of 2023 (titled Dashrath Kumar v Principal Secretary to Governor of Madhya Pradesh and Others ) noted that the arguing counsel, advocate Om Shankar Pandey, was absent. Pandey had contested the post of Secretary in the recently concluded Bar Association polls.

The court's order read: "It appears that under shock due to loss in election to the High Court Bar Association , arguing counsel is not available today." Following the observation, the bench adjourned the matter to August 20 and directed that interim relief continue in the meantime.

A Case Already Accommodating the Election

The unusual adjournment did not come without prior notice. During the earlier hearing on August 8, Pandey had specifically requested that the matter be listed after August 17, as he was contesting the election. The court had obliged, scheduling the hearing for August 19 — only to find the counsel absent on that day as well.

Polling for the Bar Association elections took place on August 17, and results were declared the following day. Senior Advocate Mrigendra Singh was elected President, while Aseem Trivedi secured the Secretary post that Pandey had contested.

The Underlying Dispute: Pension and Natural Justice

Beneath the procedural curiosity lies a substantive legal issue. The case concerns a retired government employee challenging an administrative order that permanently withheld his pension following a criminal conviction by a sessions court on September 16, 2022.

The petitioner, Dashrath Kumar, has argued that the state government stopped his pension permanently without providing him an opportunity to be heard, thereby violating principles of natural justice. At an earlier hearing, the High Court had stayed the operation of the pension-withholding order. The court is now examining whether the state's action complies with applicable pension rules and constitutional requirements of procedural fairness.

What the Order Says

The full text of the August 19 order is brief but striking:

"Learned counsel for the appellant prays for an adjournment . It appears that under shock due to loss in election to the High Court Bar Association , arguing counsel is not available today. On her request, list this case on 20.08.2026 . I.R. to continue till 20.08.2026 ."

The reference to "I.R." indicates that the interim relief granted earlier would remain in effect until the next hearing.

A Rare Acknowledgement in Judicial Practice

While courts routinely accommodate lawyers for elections, weddings, or personal emergencies, recording an election defeat as the reason for a counsel's absence — let alone attributing it to "shock" — is highly unusual in judicial orders. Legal observers note that the observation reflects the bench's candid, and perhaps empathetic, acknowledgment of the emotional toll that professional setbacks can exact, even on officers of the court.

The matter is now listed for hearing on August 20, when the court will resume examining the pension dispute on its merits.