N, VIJAYA BHASKAR Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition is filed under Article 226 of the Constitution of India, claiming the following relief:

(2.) Heard Sri Seetharam Chaparla, learned counsel appearing on behalf of Sri B. Balaiah, learned counsel for the petitioner on record. Sri N. Harinath, learned Deputy Solicitor General of India for Respondent No.1, Sri S.V.R. Subramanyam, learned counsel for Respondent No.2 and Ms. Sindhu Kumari, learned counsel for Respondent No.3 and perused the material available on record.

(3.) Learned counsel for the petitioner submits that, the tenure of the Office Bearers and the Members of the Executive Committee of the respondent No.3 - A.P. High Court Bar Association expired by 31/3/2022. Without conducting elections for the next year, the so-called persons are illegally and unauthorizedly continuing as Office Bearers and Executive Committee members. As and when the election is not conducted before expiry of the tenure of the existing Executive Committee, the respondent No.2 has to appoint an Adhoc Committee to look after the affairs of the respondent No.3 Association and conduct elections for the Executive Body as per Byelaw 26 of the Model Bye-laws. The Andhra Pradesh State Bar Council is constituted under Sec. 6 of the Advocates Act, 1961. Being a statutory body, the respondent No.2/A.P. Bar Council has to discharge its functions as per the provisions of the Advocates Act. 1961. The main duty of the respondent No.2/Bar Council is to protect the interest and welfare of the Advocates. The petitioner made a complaint to the respondent No.2 on 1/11/2022 complaining that the Executive Body, which term expired by 31/3/2022, is claiming to be the Executive Body of the Respondent No.3 Association. Against the illegal action of the so-called Office Bearers and Executive Committee Members, who are illegally and unauthorizedly claiming themselves as Executive Committee of the Respondent No.3 Association and against the inaction of the respondent No.2 in constituting the Adhoc Committee to the Respondent No.3 Association in the absence of regular Executive Committee, the present Writ Petition has been filed.