DISTRICT BAR ASSOCIATION Vs. STATE OF U P

JUDGEMENT

(1.) LEARNED counsel for the petitioner sought to assail the letter dated 25-1-2008 issued by Additional District judge, Deoria, requiring the President/sec-retary, District Advocate Association to provide a list of advocate members who are interested for allotment of lawyers chamber after payment of requisite security as provided therein. It is contended that the procedure for allotment sought to be followed by respondent No. 2 is not consistent with the procedure prescribed in the Government order dated 6-9-2004 which provides that allotment of Chamber in the Court would be made by a Committee consisting of District Judge and Member of the Bar Association.

(2.) IT is submitted that the aforesaid procedure for allotment of advocates' chamber, is binding on the District Judge, Deorla, respondent No. 2 and, therefore, the impugned order which is contrary to the said procedure, is liable to be set aside.

(3.) ON the contrary learned Standing counsel appearing for respondent No. 2 submitted that the lawyers' chamber in the courts' premises are to be allotted by the district Judge, Deoria, as per his own procedure and he cannot be said to be bound to observe the procedure laid down in the government Order, inasmuch as the District Judge, respondent No. 2 is not subordinate to the authorities of the Government and, therefore, no Government order can provide regulating procedure with respect to functioning of the District Judge, even though it is in respect to administration and maintenance of building etc. in the precinct of the District Court. He further submits that to the extent the impugned Government order intends to regulate procedure to be followed by the District Judge for allotment of lawyers' chamber in the District Court premises, the same is illegal and is not binding being ultra vires of Article 235 of the Constitution.