MOHINDER SINGH CHAUHAN Vs. RAKESH GUPTA

JUDGEMENT

(1.) THIS contempt petition has been filed praying for initiating contempt proceedings against the respondents for willfully, disobeying the order dated 01.09.2014 passed in LPA No. 1427 of 2014.

(2.) THE petitioner, who is the member of District Bar Association, Gurgaon was elected to the post of President, District Bar Association, Gurgaon for three terms i.e. 1998 -99, 2000 -01 and 2002 -03. Rule 12(8) of the District Bar Association Rules states that any elected member for any post can hold the office of the District Bar Association only for three times in his life time. As in terms of the aforesaid Rule, the petitioner was debarred from contesting the election for the office of President, District Bar Association, Gurgaon for the fourth time, he filed CWP No. 595 of 2014 challenging Rule 12(8) on various grounds. Vide interim order dated 09.04.2014, he was permitted to contest, which he successfully did, and was declared elected as President of the District Bar Association, Gurgaon on 05.05.2014 subject to the outcome of the writ petition. Ultimately, on 14.08.2014, the writ petition was dismissed. The petitioner preferred LPA No. 1427 of 2014, which was disposed of on the assurance given on behalf of the Bar Council of Punjab and Haryana that the issue raised in the appeal would be addressed by them and necessary steps shall be taken to introduce a uniform pattern of eligibility condition for contesting, voting and the tenure of Executive Members/Office bearers of Bar Association at District or Sub -division levels. As the Bar Council had assured of a resolution to the issues raised by the petitioner, it was directed that the fresh election process, initiated to elect the President of District Bar Association consequent on the dismissal of the writ petition, be kept in abeyance till the Bar Council takes its decision and the petitioner be permitted to continue as interim President till then.

(3.) THE petitioner assailed the aforesaid order through CWP No. 22076 of 2014 contending that in terms of the directions of this Court in LPA No. 1427 of 2014, no decision regarding the petitioner's continuance as President could have been taken before framing the Rules. The said writ petition was dismissed on 30.10.2014. The petitioner preferred LPA No. 1873 of 2014, which was disposed of vide order dated November 14, 2014. It was observed that the Court would be reluctant to interfere in the internal affairs/election of the Bar Association as their inter -se disputes are expected to be resolved through in -house mechanism. It was further observed that at least two remedies, if not more, were available to the petitioner namely, one to approach the General House of the Bar Council to formulate a policy and the other to seek modification of the Rules formulated by the District Bar Association, Gurgaon. Still another remedy was available under Section 48 -A of the Advocates Act. The LPA was disposed of with liberty to the petitioner to avail of any of the aforesaid remedies.