Akshaya Katiyar vs Bar Council of Uttar Pradesh and Others

Devi Prasad Singh, J.—Election of the Central Bar Association was held on 14.5.2010. Election was disrupted hence the petitioner in person moved an application to hold the election afresh. Allegation has been raised that on the date of election outsiders had entered into the premises of Bar Association and disrupted the election. Shri K.C. Bhasin and other counsels also stated that local police was involved in assisting the outsiders who entered into the premises of Bar Association. Specific mention has been made with indictment S.P. (West), C.O. Kaiserbagh and S.O. Wazirgang. It shall not be possible to find out the truthfulness of allegation at this stage. Appropriate order may be passed in due course.

In pursuance to order passed by this Court, SSP/DIG Lucknow is present. He ensure that whenever election is scheduled it shall be held peacefully and voter cast their votes fearlessly. SSP/DIG further says that appropriate police force shall be deputed in consultation with the District Judge Lucknow to ensure that election is held peacefully.

Shri B.C. Agarwal does not want to continue as the Chairman of Elders Committee. He submits that he may be replaced by some other senior person. A consensus for induction of Shri Arun Kumar Mittal as Chaiman of the Elder''s Committee has been arrived at.

Accordingly, earlier order is modified and instead of Shri B.C. Agarwal, Shri Arun Kumar Mittal shall be the Chairman of Elders committee.

The member of the Bar present in Court submits that election may be disrupted again and accordingly appropriate security may be provided.

After hearing learned Counsel for the parties the following order is passed to meet out the ends of justice:

(I) Shri Arun Kumar Mittal shall be the Chairman of Elders Committee. It shall be open to the Elders Committee to seek assistance of other members of Bar Association to convene the election in a just and fair manner in accordance to Rules.

(II) Keeping in view the analogy that the election of Bar counsel is convened by the District Judiciary the District Judge Lucknow is appointed as Observer to maintain peace and harmony in the premises. The appropriate police force may be deputed in consultation with the District Judge to ensure that election is held peacefully and members cast their vote without fear of outsiders.

(III) Election shall be held on Saturday, if possible, on second Saturday of June, 2010. Before that necessary scheme shall be prepared and notified by the Elders committee.

(IV) Ballot paper shall have counterfoil. There should be sufficient number of polling booth on the date of election so that election may be held speedily without any hindrance.

(V) Elders committee shall provide voters list to District Judge as well as SSP/DIG Lucknow who shall ensure that no person other than the members of the Central Bar Association enter into the premises. On the date of election identity card issued by the Central Bar Council shall be treated as a mark of identification. In case, identity card is not furnished it shall be open to the police to restrain such person from entering into the premises of civil court campus.

(VI) No arms and ammunition shall be permitted to brought into the premises of civil court campus on the date of election. The bag and baggage and other material shall also not been permitted to carry on within the premises of Civil Court. On the date election the police shall ensure and manage accordingly.

(VII) Mohd. Arif Khan learned Senior Counsel, Shri Kapil Dev, learned Senior counsel and Shri S.K. Tewari, President of Oudh Bar Association shall be the other Observers and present on the date of election as friend of court and may provide necessary assistance to take appropriate decision, if necessary to meet out the exigencies.

(VIII) It shall be open to the parties as well as members of the Elders Committee and observer to approach this Court for any clarification on judicial side.

(IX) Elders committee shall issue appropriate guidelines to regulate the election. A copy shall be given to SSP/DIG Lucknow as well as District Judge. The order has been passed in continuation of earlier order passed by this Court.

(X) District Judge shall provide necessary assistance including electricity supply through Generator, if required.

Personal appearance of SSP/DIG Lucknow and Deputy Registrar of Societies Chit and Fund are exempted till further order of this Court.

Registry shall communicate the order to the District Judge Lucknow forthwith.