'Central Delhi Court Bar Association' Shall Be Recognized As Court Annexed Bar Association For Rouse Avenue Court: Delhi High Court

The Delhi High Court has ruled that the Central Delhi Court Bar Association shall be the recognized as the Court annexed Bar Association for the Rouse Avenue District Court Complex in the national capital.

“This, we hold is dehors the power of the Bar Council of Delhi to constitute a Bar Association under the Bar Association (Constitution, Recognition & Conduct of Election) Rules, 2019,” a division bench of Justice Sanjeev Sachdeva and Justice Ravinder Dudeja said.

The bench said that merely because an Association has been validly formed does not ipso facto entail recognition as a Court annexed Association or as a recognized Association under the Advocates Welfare Fund Act.

“Serious infraction of rules is found in respect of the members enrolled after the formation of the three Associations i.e. (1) Rouse Avenue Bar Association, (2) Delhi Rouse Avenue Court Bar Association and (3) Rouse Avenue District Court Bar Association. Since the infraction noticed is fundamental to the enrolment of members, said Associations cannot be accepted as the Court Annexed/recognised Bar Associations,” it said.

The bench issued a slew of directions and said that the Membership of the Central Delhi Court Bar Association as on date shall be comprising of the six surviving desirous persons who had signed its Memorandum of Association.

The court constituted Adhoc Committee for the management of the lawyers' body comprising of the following:

- Vice President of the Delhi High Court Bar Association

- Senior Vice President of the Delhi Bar Association

- Vice President of the New Delhi Bar Association

- Senior Vice President of the Shahdara Bar Association

- Vice President of the Rohini Bar Association

- Vice President of the Dwarka Court Bar Association

- Vice President of the Saket Bar Association

Furthermore, the court directed that the Adhoc committee shall open the membership of the Association to those Advocates who fulfil the eligibility conditions for membership.

“The first phase of membership drive shall be kept open till 31.05.2024. For the first phase of membership drive till 31.05.2024, the requirement of a proposer and seconder shall be dispensed with. However, the applicants shall have to comply with all the other requirements and eligibility conditions for membership as per the Articles and Memorandum of Association,” the court said.

It added that the Adhoc Committee shall ensure compliance of all the directions issued recently by the Full Bench in Lalit Sharma case with regard to the conduct of elections and the eligibility criteria for the said election.

The court was informed that the membership fee prescribed by the Memorandum of Association is Rs. 1000 and that there is an annual fee of Rs 500 besides a subscription fee of Rs 1200 per month and above depending on the standing at the Bar.

The bench observed that fee was on a higher side as compared to other Bar Associations and thus, directed that for the moment only the admission fee of Rs 1000/ shall be payable for becoming a member and there shall be no monthly subscription till the elections are held.

“Thereafter the elected body shall determine and stipulate a reasonable amount per month as subscription to be paid for the said Association, which shall be payable by the members,” the court said.

Counsel for Petitioner: Mr. Munawwar Naseem, Mr. Siddharth, Mr. Indra Chand, Mr. Mukesh Kumar, Mr. Yajuvender Kumar & Mr. Manoj Kumar, Advocates

Counsel for Respondents: Mr. Ramesh Gupta, Senior Advocate with Mr. Ajay Kumar Agarwal, Mr. Rajesh Mishra, Mr. Ajayinder Sangwan, Mr. Naresh Gupta, Mr. O. P. Faizi, Ms. Pooja Bansal & Mr. Vijay Bishnoi, Advocates/Bar Council of Delhi; Mr. Surya Parkash Khatri, Chairman Bar Council of Delhi; Mr. Pankaj Kumar & Mr. Sarwan Kumar alongwith Lalit Sharma, applicant

Title: ROUSE AVENUE BAR ASSOCIATION v. THE BAR COUNCIL OF DELHI & ANR

Citation: 2024 LiveLaw (Del) 460

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