The Madhya Pradesh High Court has imposed a one-month prohibition on ten advocates affiliated with the Seoni Bar Association from representing clients in any court proceedings. This decision follows a presentation by the counsel representing the State Bar Council concerning the recent strike initiated by the aforementioned lawyers.
“In view of the submission made, the aforesaid advocates shall not be permitted to appear in any court for a period of one month w.e.f. 21.03.2024”, the bench sitting at Jabalpur observed after accepting the submission made by the Bar Council's Counsel, Satyam Agrawal.
The Division Bench comprised of Chief Justice Ravi Malimath and Justice Vishal Mishra, referencing the precedents set by a division bench of the High Court in Praveen Pandey v. The State of Madhya Pradesh & Ors. (2018), ruled that the ten lawyers associated with the Seoni District Bar Association will be disqualified from participating in Bar Council or Bar Association Elections for the next three years.
Among the advocates facing disciplinary measures, the current office bearers of the Seoni District Bar Association, such as President Ravi Kumar Golhani and Secretary Ritesh Ahuja, are included. Additionally, the following office bearers who have also been prohibited from appearing in courts are: Shishupal Yadav, Manoj Harnikhede, Naval Kishor Soni, Rishabh Jain, Satyendra Thakur, Asraf Khan, Vipul Baghel, and Praveen Singh Chouhan.
The current order has been issued in accordance with paragraphs 23 (B) (II) & (III) of the order in Praveen Pandey. As per the directive outlined in Praveen Pandey, if a strike is called for by any High Court Bar Association or District Court Bar Association, the State Bar Council must intervene and promptly declare such strike as unlawful, unless it has been initiated following consultation with the Chief Justice and/or the District Judge.
On March 20th, the counsel for the Bar Council informed the court that show cause notices would be issued pursuant to Section 35 of the Advocates Act, 1961, to these office-bearers. This would afford them an opportunity to clarify the purported misconduct related to their decision to call for abstention from court work. If found culpable, potential penalties could encompass suspension of their enrollment as advocates.
The Bar Association in Seoni had previously announced, via a notification dated March 15, 2024, their intention to observe a three-day strike on March 18th, 19th, and 20th, 2024. Subsequently, the court instructed the State Bar Council to take necessary action and adhere to the disciplinary guidelines established in Praveen Pandey against the errant office bearers.
The case has been scheduled for April 8, 2024, to provide the counsels with an opportunity to submit vakalath and respond on behalf of other respondents involved in the matter.
Case Title: In Reference (Suo Moto) v. The Chairman & Ors.
Case No: W.P. No. 7295 of 2024
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