Delhi High Court Rejects Lawyer's Plea To Contest Punjab & Haryana Bar Council Elections Citing Pendency Of Disciplinary Proceedings

The Delhi High Court dismissed a plea filed by a lawyer seeking to contest elections of the Bar Council of Punjab and Haryana. Justice Mini Pushkarna found no merit in the plea filed by Advocate Lokinder Singh Phougat and rejected the same. The fresh application was filed in the pending petition filed by Phougat challenging an order passed by the Bar Council of India prohibiting him from doing any legal practice. The BCI had also directed the Bar Council of Punjab and Haryana to lodge a police complaint before the competent authorities preferably with the Vigilance Department of Police from the State of Haryana. Phaugat has served as the President of District Bar Association, Rohtak, on eight occasions. In April, a coordinate bench had stayed the decision of Bar Council of India. In this context, it was submitted that the elections for the Bar Council of Punjab and Haryana had been announced and that Phougat was desirous of contesting them.He relied upon an order of the Supreme Court wherein it was directed that the orders passed by the Bar Council debarring or suspending the members shall be kept in abeyance.On the other hand, BCI counsel relied upon a Notification issued by BCI on October 29. Perusing the same, the Court said:“Perusal of the aforesaid notification issued by the Bar Council of India clearly shows that no disciplinary committee case should be pending before nine months of the election against any advocate, who seeks to be a member of the Bar Council. This Court is informed that two disciplinary proceedings are pending against the petitioner.”“In view thereof, no orders can be passed by this Court, in violation of the aforesaid notification issued by the Bar Council of India. Accordingly, no merit is found in the present application. The same is accordingly dismissed,” it added. The Bar Council of Punjab & Haryana had debarred Phaugat from contesting elections and had referred the matter to disciplinary committee. The action was taken on the allegations of financial misconduct in affairs of the bar association. The said action was challenged by Phaugat before the Bar Council of India and the impugned order came to be passed debarring the lawyer from legal practice.Title: LOKINDER SINGH PHOUGAT v. BAR COUNCIL OF INDIA & ORSCitation: 2025 LiveLaw (Del) 1459Click here to read order

Delhi High Court Rejects Lawyer's Plea To Contest Punjab & Haryana Bar Council Elections Citing Pendency Of Disciplinary Proceedings

Nupur Thapliyal

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