In a significant judgment upholding the sanctity of democratic processes within bar associations, the Allahabad High Court has directed the holding of fresh elections for the Central Bar Association, Raebareli. The Division Bench comprising Justice Rajan Roy and Justice Om Prakash Shukla passed this order while disposing of a set of writ petitions involving election-related disputes and procedural irregularities in the Bar Association.
Background of the Case
The legal battle began with Writ C No. 10135 of 2023 filed by The Elders Committee, Central Bar Association, Raebareli through its Chairman, followed by two related writs:
- Writ C No. 11092 of 2023 – Same petitioner, disputing election procedure.
- Writ C No. 964 of 2025 – Filed by Anand Kumar Dixit and another, raising similar concerns.
The primary grievance was against the Bar Council of Uttar Pradesh and its failure to ensure transparency and adherence to by-laws while facilitating elections to the Central Bar Association, Raebareli.
Counsel for the petitioners included Pankaj Kumar, Rishabh Tripathi, and Amit Tripathi, while the respondents (Bar Council of U.P. and others) were represented by Subhash Chandra Pandey, Neeraj Pandey, Anand Mani Tripathi, Lalit Kishore Tiwari, and P.R.S. Bajpai.
Key Legal Issues
- Whether elections conducted on 16.12.2023 were valid despite a stay order?
- Whether elections could proceed without court permission when a settlement process was pending?
- What is the Court’s authority to intervene in internal bar elections?
- Can the Court appoint a neutral Elders Committee to manage and supervise fresh elections?
Chronology of Events
- Nov 30, 2023: Parties assured the Court that elections scheduled for Dec 2 would be put on hold pending a mutual settlement.
- Dec 7, 2023: Parties again sought time to settle disputes.
- Dec 16, 2023: Despite pending litigation and without informing the Court, elections were held.
- Same day: The Court passed an interim order staying the election process, especially counting of votes.
- Votes were never counted: Creating an unprecedented legal vacuum in the Bar Association’s administration.
Court’s Findings & Observations
“Any election should have taken place only after due information to this Court.”
The Court noted that despite being “ceased with the matter,” and after giving parties a chance for amicable resolution, the elections were conducted in haste and without judicial permission. The judges criticized the lack of decorum and the breach of assurances given in court.
Recognizing the importance of fairness in elections within court-attached associations, the bench observed:
“In the absence of fair and proper elections, the functioning of the Courts and dispensation of justice can get affected due to unrest among Bar members.”
Formation of New Elders Committee
To restore order and ensure free and fair elections, the Court constituted a new five-member Elders Committee with respected senior members of the Bar:
- Shri Maanu Pratap Singh – Chairman
- Shri Shankar Lal Gupta – Member
- Shri Ram Bahadur Singh Chauhan – Member
- Shri Satyendra Bahadur Singh – Member
- Shri D.P. Pal – Member
These members voluntarily consented to oversee the upcoming elections.
Directions for Fresh Elections
The Court issued strict instructions for the election process:
- Must comply with the Bar Council’s Bye-laws and Certificate of Practice and Place of Practice (Verification) Rules, 2015.
- “One Advocate, One Vote, One Bar Association” principle to be strictly enforced.
- Embargo of two years’ standing for voting rights to be observed.
- Elections to be concluded within two months.
- District Judge, Raebareli to request police assistance for smooth and fair conduct of elections.
- Candidates who already filed nominations need not repeat all formalities unless specifically required.
- Refunds allowed for candidates who opt out of the new process.
