Awadh Bar Association Election: Allahabad HC Modifies Its Order Relaxing Criteria Determining 'Regular Practitioner' Of Court

Canceling the entire election process which was held, amid the ruckus, on August 14, the bench of Justice Ritu Raj Awasthi and Justice Dinesh Kumar Singh had earlier framed guidelines for conducting the election on September 25.

The Court had made it mandatory that for a Member of Awadh Bar Association to participate in the election 2021 either for the purpose of contesting the election or casting his/her vote, among other conditions, one has a regular practitioner of the High Court, Lucknow.

Thereafter, an explanation was attached to the same so as to clarify who could be called a regular practitioner.

Now today, it was suggested to the Court that minimum of 20 filings of cases in a year for last three years i.e., 2018, 2019, 2020 be relaxed considering the Covid-19 pandemic prevailing in the year 2020 and 2021 as well as the reduction in the overall filing of the cases in the High Court.

It was also suggested that:

• The Chamber allottees be included in the definition of 'regular practitioner' as the municipal limits of Lucknow are only up to Chinhat whereas the City has expanded upto Lucknow-Barabanki road.
• The Lawyers living in the new house constructed on the Lucknow-Barabanki road shall be included in the definition of 'regular practitioner'.
• The Advocate-Oath Commissioners be also included in the definition of 'regular practitioners'.
• The requirement of three years shall be reduced to two years.

Therefore, Considering the arguments and in order to ease the procedure of election of Awadh Bar Association for the current year i.e., 2021, the Court modified the order dated August 24  by relaxing the conditions given in the explanation in the following manner:

• (I)The period of three years shall be reduced to two years.
• (II)The minimum cases filed in a year for the last two years shall be ten cases for the year 2019 and 5 cases for the year 2020.
• (III)The Lawyers whose houses are on Lucknow-Barabanki road or in the colonies on the Lucknow-Barabanki road shall be treated to be residents of Lucknow.
• (IV)The Advocate-Oath Commissioners shall be treated to be 'regular practitioner'.
• (V)All the Chamber allottees shall be included in the definition of 'regular practitioner'.