BRAJESH KUMAR SINGH Vs. BIHAR STATE BAR COUNCIL

JUDGEMENT

(1.) This writ petition has been filed by Mr. Brajesh Kumar Singh, Advocate, who was the erstwhile Secretary of District Bar Association, Supaul. He has challenged the proceeding of the Special Committee, Bihar State Bar Council, Patna dated 6.3.2009 (Annexure-4/1) by which the Executive Committee of District Bar Association, Supaul elected on 28.4.2007 was restrained from exercising its power under Rule 15 of the Model Rules and an Ad hoc Committee of seven members was constituted to take charge immediately of District Bar Association, Supaul. The proceedings of the meeting of the Bihar State Bar Council dated 23.4.2008 (Annexure-3) by which the said Executive Committee of District Bar Association was restrained from taking major decision having financial implication has also been challenged alongwith letter dated 2.4.2009 (Annexure-5) containing minutes of the proceeding dated 28.3.2009. The Bihar State Bar Council is further sought to be restrained from obstructing the democratic functioning of the District Bar Association, Supaul or from taking any coercive action against the Petitioner and for other ancillary reliefs.

(2.) I.A. No. 7141 of 2009 has been filed on behalf of the Petitioner for adding further reliefs to the writ petition challenging Resolution No. 4 of Special Committee dated 5.5.2009 and entire proceeding arising out of it and also Resolution dated 14.5.2009 of the Special Committee and the entire proceeding giving birth to D.C.E. No. 7/2009. The Special Committee of Bihar State Bar Council was also sought to be directed to pay exemplary amount of compensation as well as cost of petition as their alleged mala fide acts had caused much trouble to the Petitioner. Considering the facts and circumstances of this case, the aforesaid interlocutory application is allowed. Let the said relief be added to the reliefs already claimed in the writ petition.

(3.) I.A. No. 8575 of 2010 has been filed by the Petitioner for impleading Mr. Prem Kumar Jha, Advocate as Respondent No. 10 in the instant writ petition stating that all the steps against the Petitioner's Executive Committee had been initiated due to his mala fide. Considering the facts and circumstances of the case, the aforesaid interlocutory application is allowed. Let Mr. Prem Kumar Jha, Advocate be added as Respondent No. 10 to the instant writ petition.