Delhi High Court Seeks Response Of Centre, BCI On Plea Challenging Bar Associations Conduct Of Election Rules As Null & Void

The Delhi High Court has issued notice on a petition challenging Bar Associations (Constitution, Recognition and Conduct of Elections) Rules, 2019 framed by the Delhi Bar Council and approved by the Bar Council of India as null and void being ultra vires the Constitution of India, Advocates Act and Advocates Welfare Funds Act.

Justice Rekha Palli sought response of the Union of India, Bar Council of India, Bar Council of Delhi, Rouse Avenue District Court Bar Association, Central Delhi Court Bar Association and Registrar of Societies, GNCTD.

The plea has been filed by seven Advocates representing various bar associations of Delhi's district courts and has been moved through Advocate MC Premi.

The petitioners are aggrieved by the action of Bar Council of Delhi to pass a resolution dated 20 November 2020 by way of which it has constituted Ah Hoc Committee for dealing with day to day problems of the Rouse Avenue Court and also to represent lawyers before concerned authorities.

"That the Rules framed by Respondent No. 3/ Bar Council of Delhi are null and void being Ultra Vires the Constitution of India- which guarantees Advocates Fundamental Right to form and run association - the Advocates Act, 1961 and the Advocates Welfare Funds Act, 2001. As also the resolution dated 20/11/2020 and the order dated 15/03/2021 in CM APPL 8881/2021 in w.P.[C) 3713/2019 obtained by misleading the Hon'ble Court is also liable to be set aside to the extent of assigning the affairs of Bar Association to be conducted by the Ad-hoc Committee appointed by Bar Council of Delhi, empowering Ad-hoc Committee to scrutinize members of the Bar Associations as also to invite fresh applications in accordance with the rules," the petition reads.

It has thus been stated the admission of members cannot be controlled by the Bar Council of Delhi and that the disputes inter se the members of the Bar Associations cannot be dealt by it. 

"The Delhi Bar Council cannot arrogate to itself the power of finality of its judgment and bar the jurisdiction of Civil Court," the plea reads.

During the course of hearing on Thursday, Advocate Pankaj Kumar appearing for the petitioners submitted that the Rules are creating a hurdle in the functioning of Bar Associations and that the harm they propose to create is continuous in nature.

At this juncture, Justice Palli asked the counsel if the Rules were notified or were internal. To this, the counsel responded that the same were not notified, however, the Bar Council had proposed to act upon them.

"Bar Council of Delhi is not a society as such. It's a statutory body. You have approved the Rules that's fine but after approval what's to be done? Have they been notified?" Justice Palli remarked orally.

To this, Kumar submitted that the Rules were per se illegal and beyond the scope of Advocates Act and Advocates Welfare Funds Act.

While issuing notice on the petition, the Court refused to stay the operation of the Rules. 

"Let counter affidavit be filed within one week, rejoinder within two weeks thereafter," Court said while listing the matter on October 28.

Title: Lalit Sharma & Ors. v. UOI & Ors.