SHIV KUMAR AKELA LATE R D RAM S S RATHORE Vs. REGISTRAR SOCIETIES FIRMS AND CHITS UNDER THE SOCIETIES REGISTRATION ACT

JUDGEMENT

(1.) Respondent Nos. 3 & 4, impleaded as President and Secretary of High Court Bar Association, for short 'HCBA'. Respondent No. 2 at the outset of the hearing of the case raised, 'Preliminary Objection' regarding maintainability of the present Writ Petition under Article 226, Constitution of India, on two counts, namely;( i) present Writ Petition can not be entertained as 'Public Interest Litigation' (PIL), and, (ii) 'High Court Bar Association, Allahabad' (HCBA), is a 'Society registered under Societies Registration Act, (whose 'Bye-laws'/Rules have no statutory force), and hence not amenable to High Court jurisdiction under Article 226, Constitution of India.

(2.) It is conspicuous to note that none of the other Respondents (viz. The Registrar, Societies Firms and Chits-under Societies Registration Act, 1860, Allahabad/Respondent No. 1, Uttar Pradesh Bar Council /Respondent No. 5, Bar Council of India through its Chairman, New Delhi/ Respondent No. 6, Advocate General, State of Uttar Pradesh, Lucknow/Respondent No. 7, High Court of Judicature at Allahabad through its Registrar General/Respondent No. 8 and The Advocate Association, 4th floor, New Building (High Court Allahabad)/ Respondent 9) have joined the Respondent Nos. 2, 3, & 4 on the above 'Preliminary Objection regarding maintainability of the Writ Petition, rather directly or indirectly they support the petitioners and seek court intervention to ensure proper functioning of High Court Bar Association.

(3.) To appreciate 'Preliminary Objection', we may refer to the reliefs claimed in the Writ Petition which read"(