BAR ASSOCIATION, ALIGANJ, ETAH THROUGH ITS PRESIDENT Vs. BAR COUNCIL OF U.P.THROUGH ITS SECRETARY AND ANOTHER

JUDGEMENT

(1.) BY this writ petition the peti­tioner has prayed for quashing the order dated 11.9.2008 (Annexure 1) to the writ petition passed by The Elders Committee of the Bar Association Aliganj, Etah dissolving the Executive Committee of the Bar Association, Aliganj, Etah. It is further prayed that a mandamus be issued directing the respondents not to interfere in the peaceful functioning of the petitioner Ambarish Singh as President of the Bar Association, Aliganj, Etah.

(2.) THE petitioner's case in the writ petition is that the election of the of­fice bearers of the Bar Association, Aliganj was held on 6.9.2007 in which 19 of­fice bearers were declared elected including the petitioner. The petitioner's case further is that the application was made for registration of the Bar Association under the provisions of the Societies Registration Act, 1860 and the petitioner Bar Association was registered on 28.12.2007. Certificate of registra­tion has been filed as Annexure 4 to the writ petition. It is pleaded that the registered bye-laws are in accordance with the model bye-laws framed and approved by the Bar Council of U.P. An application was made for affiliation before the Bar Council of U.P. and a letter has been issued on 9.8.2008 by the Chairman, Bar Council, U.P. informing that the tenure of the Bar Association shall be from January to December.

(3.) LEARNED Counsel for the petitioner Sri K.S. Tewari submitted that in view of the specific letter of the Bar Council of U.P. dated 9.8.2008 the peti­tioner's term shall continue till December, 2008. It has been further submitted that the petitioner Bar Association having been registered with the Registrar, Societies, Firms and Chits only on 28.12.2007 the tenure will start running from the date of the registration. He submits that the decision of the Elders Committee dissolving the office bearers of the association on the ground that the term of the office bearers has come to an end is incorrect.