'Matter Requires Consideration': Allahabad HC Issues Notice Over PIL For Annual Audit Of Oudh Bar Association's Accounts

Sparsh Upadhyay

16 May 2024 11:49 AM GMT

  • Matter Requires Consideration: Allahabad HC Issues Notice Over PIL For Annual Audit Of Oudh Bar Associations Accounts

    The Allahabad High Court has issued notice to the Oudh Bar Association High Court, Lucknow, in a Public Interest Litigation (PIL) plea seeking a mechanism for conducting a smooth and transparent annual Audit of the Association's accounts. Noting that the matter requires consideration, a division bench of Justice Rajan Roy and Justice Om Prakash Shukla issued notice and posted the...

    The Allahabad High Court has issued notice to the Oudh Bar Association High Court, Lucknow, in a Public Interest Litigation (PIL) plea seeking a mechanism for conducting a smooth and transparent annual Audit of the Association's accounts.

    Noting that the matter requires consideration, a division bench of Justice Rajan Roy and Justice Om Prakash Shukla issued notice and posted the matter for hearing in the first week of July.

    The PIL plea, moved by two advocates-members of the Association, contends that large sums of money is coming into the Oudh Bar Association from various means. Therefore, a proper audit of its accounts is necessary to avoid misuse.

    It was also submitted that the Association is a court-annexed Bar, and a substantial part of its receipts are from its activities in the High Court, including the filing of vakalatnama, preparation of affidavits, etc.

    Hence, it was argued that its smooth and transparent functioning is to be ensured, and it involves a large public interest.

    Further, the court's attention was also invited to Paras No. 48 and 49 of the Bye-Laws which read as under:-

    "48. ACCOUNT OF THE ASSOCIATION (1) The Treasure shall cause to be kept an account of all receipts and disbursements made by or on behalf of the Association during the year.

    (2) The Accounts shall be audited, once every year, by a qualified auditor, appointed by the Annual General Meeting or failing such appointment by any other General Meeting of the Association.

    49. The Account kept and audited in accordance with Rule 50 shall be submitted, along with the Audit Report and the Budget to the Annual General Meeting of the Association."

    Senior counsel J. N. Mathur, appearing for the elder committee in the matter, submitted that some audits had been conducted in 2023. He added that the Elder Committee, which will be in charge of its affairs only for the next two days, i.e. if the elections take place and the result is declared, as, thereafter, the elected Managing Committee will take over.

    Given the above submissions, the Court issued notices to the Association and Elder's Committee.

    Appearances

    Counsel for Applicant: Anu Pratap Singh

    Counsel for Opposite Party: Gaurav Mehrotra,C.S.C.,Sr. Advocate JN Mathura

    Case title - Dinesh Kumar Tripathi And Another vs. Honble High Court Of Judicature At Allahabad Trhu. Its Registrar General And Others Citation:

    Click Here To read/download the order

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