PRABHA SHANKER MISRA Vs. STATE OF U P

JUDGEMENT

(1.) The present writ petition has been filed by four members of the High Court Bar Association (hereinafter referred to as the Association) praying for the quashing of the order dated 10th February, 2009, passed by the Assistant Registrar, Societies, Firms and Chits, Allahabad, by which new bye laws/rules of the Association has been registered under Section 4-A of the Societies Registration Act, 1860. The petitioners have also prayed that a mandamus be issued to the office bearers of the Bar Association to run the affairs of the Association in accordance with the previous bye laws which were existing prior to the issuance of the impugned order. The petitioners have further prayed for any other writ, order or direction which the Court may deem fit and proper in the circumstances of the case.

(2.) At the very outset, it was stated by Shri R.K. Ojha as well as by Shri Rishi Kant Rai, the learned counsels for the petitioners that the writ petition may be disposed of finally at the admission stage itself and that the Court may decide the issue finally and that the matter may not be relegated again to the Assistant Registrar who has passed the impugned order. The learned counsel for the petitioners further submitted that time is the essence and that the matter may be decided at the earliest inasmuch as the office bearers have proposed to hold the election of the Association on 9th of October, 2009 and that the result of the writ petition would have a direct bearing on the election which are going to be held in the near future.

(3.) Shri V.C. Mishra, the learned Senior Counsel and President of the Bar Association and Shri T.P. Singh, the learned Senior Counsel have appeared on behalf of the Bar Association, and other office bearers of the Association and submitted that they have no problem if the Court decides the matter finally. Accordingly, as agreed between the parties, and without calling for a counter affidavit, and since the original records of the Registrar of Societies and two registers and one file containing the minutes of the Bar Association, have been produced by the Bar Association, this Court is proceeding to decide the matter finally.