Disciplinary Action Against High Court Bar Association Member Is In Realm Of Private Law, Writ Petition Is Not Maintainable: Himachal Pradesh High Court 

The Himachal Pradesh High Court bench of Chief Justice M.S. Ramachandra Rao and Justice Jyotsna Rewal Dua held that disciplinary action against a member of the High Court Bar Association as per the norms/bye-laws of the Association is in the realm of private law. Therefore, it held that a writ petition against the Bar Association office bearers in their personal capacity is not maintainable.

Brief Facts:

The petitioner, an advocate practicing in the High Court of Himachal Pradesh, approached the Himachal Pradesh High Court (“High Court”) and challenged two notices issued by the Himachal Pradesh High Court Bar Association.

The first notice was issued by the Bar Association through its Secretary following a resolution passed during an Executive Committee meeting. This notice alleged that the petitioner was unnecessarily interfering with the Bar Association's activities and engaged in an altercation with workers hired by the Association to carry out expansion work in the Bar Room. The Petitioner was required to explain his conduct in response to these allegations.

The second notice was issued by three members purportedly forming a Disciplinary Committee of the HP High Court Bar Association. This notice mandated the Petitioner to appear before the Committee to address the accusations leveled against him. The Petitioner contended that these notices are unjust and challenge the procedural fairness and legitimacy of the actions taken by the Bar Association's office bearers.

 Observations by the High Court:

The High Court referred to the decision of the Supreme Court in Supreme Court Bar Association v. B.D. Kaushik. The Supreme Court held that the associations, recognized by the respective courts, function as conduits between the Bench and the Bar, which fosters cooperation and ensures the proper conduct of members within the court premises. The Supreme Court held that chambers and other facilities cannot be extended to such individuals, as they are not active practitioners within the court's jurisdiction.

However, the High Court noted a pivotal distinction between the Supreme Court Bar Association and the HP High Court Bar Association, namely, the former's registered status under the Society Registration Act, of 1860.

The High Court deliberated on the applicability of writ jurisdiction to private entities engaged in public functions. It referred to the decision of the Supreme Court in St. Mary's Education Society v. Rajendra Prasad Bhargva and others where the SC held that a writ petition against a private educational institution is maintainable only if a public law element is involved.

The High Court held that disciplinary actions initiated by an unregistered Bar Association against its members do not entail a public law element. Consequently, the jurisdiction under Article 226 of the Constitution of India does not extend to adjudicating such matters, as they predominantly fall within the realm of private law.

In the Ramakrishna Mission v. Kago Kunya and others, the Supreme Court held that for an entity to be deemed as discharging a public function, its activities must closely align with those typically performed by the State in its sovereign capacity. The absence of state control in the management of the hospital played a pivotal role in the Court's determination that it did not qualify as a public authority.

The High Court held that since there is no discernible public law element in the dispute between the Petitioner and the HP High Court Bar Association, and considering the unregistered status of the association, a writ petition against its office bearers in their personal capacity is not maintainable.

Consequently, the High Court dismissed the writ petition.

Case Title: Abhimanyu Rathor vs The Registrar General, HP High Court and Others

Citation: 2024 LiveLaw (HP) 25

Advocate for the Petitioner: Petitioner in Person

Advocate for the Respondent: None

Click Here To Read/Download Order or Judgment

- Author: Rajesh Kumar