A Single bench of Justice Mahendra Goyal of Rajasthan High Court, Jaipur Bench has stayed the interim decision of the Bar Council of India whereby the BCI had stayed elections in all the Bar Associations of Rajasthan. The Petition Civil Writ No. 15113/2022 was listed before the court today for hearing.
The Writ Petition has been filed by advocates contesting for the post of President- Prahlad Sharma and Rohan Jain, for the post of Vice-President Sharvan Saini and the candidates contesting for the post of General Secretary of Rajasthan High Court Bar Association Sushil Pujari, Sanjay Khedar, Jagmeet Singh, Balram Vashisht, Dharmendra jain, Jaideep Singh and Rohit Sharma.
Recently, the Bar Council of India by its order dated 03.10.2022 stayed the entire process of election in all the bar associations of the state of Rajasthan on a petition filed by Advocate Sumer Singh Ola.
It has been contended by the advocates in the petition that "that the respondent no. 1 has ignored this important aspect of the matter that election process of the Bar Association has been started vide notice dated 09.09.2022, whereby election is to be held on 18.11.2022, simultaneously a committee of Five Senior Advocates was also constituted for guiding election process, who have submitted their detailed report, in such circumstances election process cannot be stayed in an arbitrary manner, nor respondent no. 1 has power or function to do so, it is made clear that powers and functions of the respondent no. 1 have been provided under section 7 of the Act, 1961, according to which respondent no. 1 can laid down the standards of the professional conduct and etiquette for advocates, likewise procedure by its disciplinary committee of each Bar Council, to safeguard the rights privileges and interest of advocates, to promote and support law reform, to deal with and dispose of any matter arising under this act, which may be referred to it by the State Bar Council, to exercise general supervision and control over the State Bar Council, to promote legal education, to recognise universities, to conduct seminars, to organise legal aid, to recognise foreign qualifications, to manage and invest the funds of Bar Council, to provide for election of its members, to perform all other functions conferred on it by or under this act and to do all other things for discharging the aforesaid functions, in view of above mentioned facts and circumstances there is no prerogative on the part of respondent no. 1 for interfering in the election process of Bar Association, hence, impugned order dated 03.10.2022 is absolutely without jurisdiction and against the provisions of settled principal of law."
The prayer of the joint petition by the advocates of the High Court Bar Association reads as under:-
i) by an appropriate writ order or direction thereof, thereby, impugned order dated 03.10.2022 (Annexure-8) may kindly be declared arbitrarily, illegal, without jurisdiction and unconstitutional by dismissing the petition filed by the respondent no. 4,
ii) by an appropriate writ order or direction thereof, thereby, respondent, Bar Council of India may be restrained from interfering in the day to day functioning of the Rajasthan High Court Bar Association Jaipur, more particularly in the election process of the office bearers of the latter.
Case Details:-
S.B. Civil Writ Petition No. 15113/2022
Prahlad Sharma & Ors.----Petitioners
Versus
Bar Council Of India & Ors.----Respondents
Read the Complete Order on the link below:-
Website designed, developed and maintained by webexy