Allahabad High Court Defers Raebareli Bar Treasurer Poll, Orders Examination Of Lawyer's Objection To Voter List Exclusion
The Allahabad High Court last week deferred the election to the post of Treasurer of the Central Bar Association, Civil Court, Raebareli, by 1 week and directed the Elders Committee to examine an advocate's objection against the exclusion of his name from the voters' list after granting him an opportunity of hearing.
A Bench of Justice Shekhar B Saraf and Justice Abdhesh Kumar Chaudhary passed the order on a writ petition filed by advocate Anand Kumar Gupta, who challenged the deletion of his name from the final electoral roll despite claiming to be a Life Member of the Bar Association since 2008.
The petitioner contended that although his name was included in the list of eligible members forwarded by the outgoing Executive Committee to the Elders Committee, it was omitted from the provisional as well as the final electoral roll without affording him any opportunity.
He argued that his exclusion from the electoral roll prevented him from contesting the election for the post of Treasurer.
During the hearing, the Court noted that there was no dispute regarding the petitioner's enrolment with the Bar Council of Uttar Pradesh or his status as a Life Member.
It also took note of the election schedule, observing that the final electoral roll had been published on July 15, nomination papers were distributed on July 16, scrutiny took place on July 17, and polling was fixed for July 25.
The Bench observed thus:
"We are conscious of the law that the election process cannot be stalled at this belated stage; however, we may note the tearing hurry in finalisation of the electoral roll".
The Court, however, clarified that it did not wish to comment on the fast track mode of the election or on whether the petitioner's name had been deleted without adequate opportunity, as those issues would be considered by the competent authority.
During the hearing, the counsel appearing for the Bar Association submitted that if the petitioner files his objection along with 4 vakalatnamas of the preceding 2 years, the Elders Committee would consider the same in accordance with the applicable rules.
Recording the said submission, the Court permitted the petitioner to file his objection within 2 days. It directed the Elders Committee to provide him an opportunity of hearing and pass a reasoned order on his application in accordance with law.
While allowing the remaining election process to continue, the Bench directed that the election to the post of Treasurer shall stand postponed by 1 week.
It further ordered that if the petitioner's objection is accepted and he is found eligible, he shall be permitted to file his nomination and contest the election for the post of Treasurer.
Before parting with the matter, the Court clarified that the order was passed in the peculiar facts of the present case and on the concession given by the learned Counsel for the parties and shall not be considered as a precedent in any other case.
Case Title - Anand Kumar Gupta vs. State Of U.P. Thru. Deputy Registrar Firms Chits And Society Lko. And 2 Others 2026 LiveLaw (AB) 472
Case citation: 2026 LiveLaw (AB) 472