Rajasthan High Court Restrains State From Issuing Registration Certificate To Senior Lawyers Association On Bar Association's Plea

The plea was filed by Rajasthan High Court Bar Association, Jaipur through its General Secretary Adv. Girraj Prasad Sharma.

Justice Mahendra Kumar Goyal, ruled ,

"Taking into consideration the contentions advanced by learned Senior Counsel and the material on record, the respondents No.1 & 2 are restrained from issuing registration certificate in favour of the respondent No.3 & 4, till further orders."

The court issued notice in this plea challenging the registration of 'Rajasthan High Court Senior Lawyers Association, Jaipur' in the name of society as it being violative of Section 3 read with Clause 17 of the Schedule of The Emblems and Names (Prevention of Improper Use) Act, 1950.

The court observed,

"Issue notice of the writ petition as well as of stay application. Rule is made returnable by five weeks. Notices be filed in two sets. One set of notices be sent through registered post with acknowledgment due. Steps to be taken within a week."

The plea alleged that respondent is a member of the petitioner Association and is availing all benefits and facilities being provided by the petitioner Association to its members. It was also alleged that no members of the said Association are conferred with the status of Senior Advocate by Rajasthan High Court or by Supreme Court under Section 16 of the Advocates Act, 1961.

Appearing for the petitioner, Sr. Adv. Rajendra Prasad submitted that no such authorization has been issued in favour of the Association. He also objected that the use of word "Senior Lawyers Association" in the name of society as it is in violation of Section 16 of the Advocate Act, 1961.

Referring to Section 16 of the Act, it was further submitted that there are only two classes of Advocates, i.e, Senior and other Advocates with no such nomenclature as designated Senior Counsel and hence, considering the reply filed by the respondent No.3 to the objection raised by the petitioner to its registration, approval for registration could not have been extended.

He apprised the court that the registration certificate in favour of the respondent-Association is yet to be issued, which may be issued any day.

Sr. Adv. Rajendra Prasad assisted by Adv. Bhuvnesh Sharma, Adv. Girraj P. Sharma, Adv. Bharat Yadav, Adv. Rajaram Chaudhary, Adv. Ashok Yadav, Adv. Alok Atreya, Adv. Karan Tibrewal, Adv. Nidhi Khandelwal and Adv. Rajesh Kala appeared for the petitioner Association.

Case Title: Rajasthan High Court Bar Association Versus State Of Rajasthan & Ors. 

Citation: 2022 LiveLaw (Raj) 56

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