HASMUKHBHAI KANTILAL BHATT Vs. BAR COUNCIL OF GUJARAT

JUDGEMENT

(1.) Mr. Yatin N. Oza, learned advocate with Mr. Asim Pandya, learned Senior Advocate for Mr. Manan Bhatt, learned advocate appearing for the petitioner has submitted that the communication dtd. 15/9/2021, was issued by the Bar Council of Gujarat, Ahmedabad (hereinafter referred to as 'the Council') on the basis of an application by one Mr. Harshad M. Parmar to stay the general body meeting of the Baroda Bar Association (hereinafter referred to as 'the Association'), scheduled to be held on 16/9/2021.

(2.) On the other hand, Mr. P.K. Jani, learned Senior Advocate appearing with Mr. Saurabh Mehta, learned advocate for the respondent submitted that the term of the Committee, got expired in the month of December, 2020, however, owing to the pandemic- induced pause and the SOPs, the elections of the Association were not conducted. It is thereafter, that the Council has issued a communication dtd. 28.12.2020 whereby, the term which got expired, has been extended till March, 2021, however, with a rider that all the members will be acting as incharge members, however, they will not be taking any policy decision. It is therefore, submitted that it was clarified, while extending the term, on 28.12.2020 that the Committee, will not be taking any policy decision till the elections are held. It is submitted that in defiance of communication dated 28.12.2020, the Committee, has scheduled the meeting on 16.9.2021 whereby, the issue is excluding the members, who have been appointed in the Council as members. It is submitted that such a major policy decision could not have been taken by the incharge Committee.

(3.) Having regard to the submissions made by the learned counsel appearing for the respective parties, issue notice, returnable on 16/11/2021. Mr. Saurabh Mehta, learned advocate waives service of notice on behalf of the respondent.