Bar Council of UP Moves Delhi High Court Against BCI's Decision To Oversee Its Activities, Conduct Elections

A Single Bench of Justice Prathiba M. Singh has asked the counsel appearing for BCI to urgently seek instructions in the matter by next week.

Background

The Bar Council of UP and its Chairman have challenged two Circulars issued by the Bar Council of India, alleging that the same amount to interreference in its functioning.

The impugned Circulars dated 19th January, 2021 and 2nd February, 2021 appoint a nine-member Committee to look after the activities of the Bar Council of UP and a three-member Committee for conducting its elections.

Arguments

Opposing the same, Petitioner's counsel, Senior Advocate Meenakshi Arora submitted that vide the impugned circulars, the State Bar Council has, in effect, been superseded by the BCI and its bank accounts are put under the control of the three-member election committee.

In its order, the Single Judge recorded that the main grievance of BCI on the other hand is that the current term of Chairman in the Bar Council of UP has been divided between two persons i.e., for 6 months each, which is not permissible as per the BCI Rules.

However, Advocate Arora argued that previously also such an arrangement has been approved by the BCI. She also informed the Court that the Bar Council of UP has unanimously resolved that Mr. Rohitshav Kumar Aggarwal shall continue working as its Chairman.

Taking note of the urgency of the matter, Justice Singh has fixed the case for hearing on March 3, 20201.

Petitioner Bar Council of Uttar Pradesh was represented by Ms. Meenakshi Arora, Senior Advocate,  along with assisting counsels, Shishir Prakash, Ms. Karuna K. Thareja, Saurabh Soni, Rajiv Bajaj, Ms. Mannat Singh, Advocates.

Bar Council of India was represented by Rajiv Bansal and Mr. Preet Pal Singh, Advocates.

Case Title: Bar Council of Uttar Pradesh & Anr. v. Bar Council of India & Ors.

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