HC quashes UP Bar Council order suspending election of Bar

The Allahabad High Court has set aside an order of Uttar Pradesh Bar Council passed in July this year suspending the election of a Bar Association in Gautam Buddh Nagar district (Noida) following allegations of irregularities.
A division bench, comprising Justice Rakesh Tiwari and Justice Mukhtar Ahmad, passed the order on November 27, terming the UP Bar Council Chairman's order dated July 24 as "without jurisdiction, nullity and without authority of law". The court made the remarks while allowing a writ petition filed by "Janpad Diwani Evam Faujdari Bar Association" - a lawyers' association - of Gautam Buddh Nagar, which had challenged the order passed by Bar Council's Chairman Paresh Mishra in July this year.

The court was of the view that "holding of annual transparentand fair elections is the duty of office-bearers of the Association, who are required to hold elections within a period of one year and in case of their failure to do so, the same has to be held under the direction of the Registrar under Societies Registration Act, who may in his wisdom constitute an Elders' Committee for this purpose".
The court also made it clear that "State Bar Council or Bar Council of India cannot step into the shoes of the prescribed authority (appointed under the Societies Registration Act with regard to conduct of elections and settlement of election disputes) in the colourable exercise of powers under the Advocates Act, or State Bar Council Rules or Bar Council of India Rules claiming jurisdiction power or authority for holding of transparent and fair elections".