Bar Council of U.P. directed to ensure alignment of all Bar Associations with Model Bye-Laws within a year to uphold electoral integrity and association governance.
In a landmark judgment, the Allahabad High Court has ordered strict adherence to the Model Bye-Laws framed by the Bar Council of Uttar Pradesh for Bar Associations across the state. The Division Bench, consisting of Justices Atul Sreedharan and Siddharth Nandan, emphasized the crucial role of Elders Committees in maintaining the democratic processes within Bar Associations.
The judgment came in response to writ petitions concerning election disputes in two Bar Associations in Mau and Bijnor. The court highlighted that deviations from the Model Bye-Laws without proper approval could lead to disaffiliation from the Bar Council of U.P.
The Elders Committee, a pivotal body in overseeing elections, was reaffirmed as essential for upholding the integrity of the electoral process. The court clarified that while the Bar Council of U.P. could not directly interfere in internal elections, it holds the power to disaffiliate associations failing to comply with the Model Bye-Laws.
Addressing multiple issues, the judgment delineated the powers of the Elders Committee, requiring it to refrain from policy decisions while overseeing elections. It also provided guidelines for resolving disputes related to seniority among committee members.
The Bar Council of U.P. is tasked with circulating the judgment to affiliated associations, ensuring compliance within a year. This directive aims to establish uniformity and transparency in the electoral processes of Bar Associations, thereby strengthening the legal profession's integrity.
The court's decision underscores the importance of aligning association governance with standardized regulations to prevent election-related disputes and maintain the dignity of the legal profession.
Bottom line:-
Advocates Association - Model Bye-Laws framed by Bar Council of U.P. to regulate elections and administration of Bar Associations - Elders Committee to oversee elections and ensure compliance with Model Bye-Laws - Disputes regarding elections or seniority of Elders Committee members to be resolved as per specified guidelines.
Statutory provision(s): Advocates Act, 1961 Sections 21, 35; Article 226 of the Constitution of India; Societies Registration Act, 1860.
Chandrashekhar Upadhyay, Advocate v. State of UP, (Allahabad)(DB) : Law Finder Doc id # 2902573
