Allahabad High Court Dismisses Writ Petition Challenging Expulsion from Bar Association
Petitioners Directed to Seek Appropriate Legal Remedy as Application to State Bar Council Found Unmaintainable
In a significant ruling, the Allahabad High Court has dismissed a writ petition filed by Naresh Kumar Mishra and three others, challenging their expulsion from the Ekikrit Bar Association Mati, Kanpur Dehat. The Division Bench, consisting of Justices Saral Srivastava and Amitabh Kumar Rai, ruled that the application filed by the petitioners before the Uttar Pradesh State Bar Council was misconceived and not maintainable under the Advocates Act, 1961.
The petitioners, who were members of the Bar Association, had been expelled by the association's authorities. In response, they approached the Uttar Pradesh State Bar Council, which initially stayed the expulsion order. However, this stay was subsequently vacated by an order dated August 27, 2025, leading to the present petition being filed.
During the proceedings, the Court specifically inquired from the petitioners' counsel under which legal provision their application to the State Bar Council was maintainable. The petitioners' counsel admitted that the Advocates Act, 1961, does not contain any provision for filing such an application against expulsion from a Bar Association.
Acknowledging this admission, the Court held that the application was not maintainable and any proceedings initiated based on it by the State Bar Council were void. The Bench emphasized that the petitioners had sought an incorrect remedy and set aside the impugned order of the State Bar Council.
The Court dismissed the writ petition, granting the petitioners the liberty to pursue an appropriate legal remedy against their expulsion as per the law. No costs were imposed.
This judgment underscores the importance of seeking appropriate legal channels and highlights the limitations of the Advocates Act, 1961, concerning membership disputes within Bar Associations.
Bottom Line:
Application filed before the Uttar Pradesh State Bar Council challenging expulsion from the Bar Association held not maintainable under the Advocates Act, 1961, as there is no provision for such application.
Statutory provision(s): Advocates Act, 1961
