In an unusual twist to a legal dispute, the Madhya Pradesh High Court not only reinstated an advocate’s membership in the District Bar Association of Datia but also noted his offer to host an ice cream party for his fellow bar members. This development came as part of a judgment that emphasized the importance of procedural integrity in professional bodies.
The case, Ram Sahai Chiroliya vs. District Bar Association, Datia (Writ Petition No. 14547 of 2020), centered around the termination of Advocate Ram Sahai Chiroliya’s membership from the Datia Bar Association. Chiroliya, who had served as the association’s president from 2017 to 2019, faced allegations of not depositing collected funds after his tenure ended.
A division bench comprising Justice Anand Pathak and Justice Rajendra Kumar Vani heard the case. The court’s decision hinged on two critical points:
1. The necessity for General Body ratification of membership termination.
2. The requirement of State Bar Council approval for such actions.
The court observed that neither of these steps was followed in Chiroliya’s case. Justice Anand Pathak noted:
“Once learned counsel for respondent No.1/ District Bar Association accepts that their Bar Association is guided by the model byelaws of the State Bar Council, then before removing/cancelling membership of the petitioner, the same has to be ratified by the General Body while convening a meeting and not by circulation. Similarly, the parent body State Bar Council could have been consulted before removing the membership of the petitioner. Same has not been done in the present case.”
Consequently, the court quashed the order dated August 22, 2020, that had terminated Chiroliya’s membership. However, it left the door open for the Bar Association to proceed legally if they had substantiated allegations against Chiroliya, provided they follow the prescribed procedures.
In an interesting turn of events, the court mentioned Chiroliya’s willingness to host a get-together for bar members. The judgment stated:
“Before parting, as per undertaking of the petitioner himself being former Head of the Bar Association, Datia (during the period 2017-2019), it is the time to show magnanimity and to honour his commitment regarding convening High Tea/ Ice Cream party with intimation to all members of the District Bar Association, if he intends to do so.”
This gesture was seen as a sign of Chiroliya’s continued affiliation and affection for the Bar Association, despite the recent dispute.
The case highlighted several important legal issues:
1. The role of model bylaws issued by the State Bar Council in governing local bar associations.
2. The necessity of following due process in disciplinary actions against bar members.
3. The importance of General Body ratification and State Bar Council approval in membership termination cases.
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Advocate Shri Gaurav Mishra represented the petitioner, while Advocate Shri D.P. Singh appeared for the District Bar Association, Datia. Advocate Shri Jitendra Sharma represented the State Bar Council of Madhya Pradesh.
