Delhi High Court has denied interim protection to Mr Hari Shankar Singh, the Chairman of the Uttar Pradesh State Bar Council, who has been restrained from performing his duties by the Bar Council of India pending the elections to the said State Bar Council.
The Single Bench of Justice Navin Chawla noted that as the elections for the Bar Council of Uttar Pradesh has been scheduled on 05.07.2020, no case for passing an interim order for protection is made out at this stage.
The order has come in a writ petition moved by the Chairman of the UP State Bar Council challenging the order dated 15/05/20 wherein he was restrained from performing his duties as the Chairman.
The Petitioner argued that BCI's general power of issuance of directions as contained in Section 48-B of the Advocates Act, 1961 does not extend to restricting the Chairman of the State Bar Council from discharging his duties.
It was also argued by the Petitioner that BCI does not have the jurisdiction to pass an order removing/restraining the Chairman of the State Bar Council from acting in that capacity.
BCI, on the other hand, submitted that it is vested with such power under Section 7(1)(d) and 7(1)(g) of the Act and Rule 12(D)(18), Part II of the Bar Council of India Rules.
BCI further submitted that in any case, the term of the Petitioner as Chairman of the Bar Council of Uttar Pradesh has come to an end as on 08.06.20 and the fresh elections have been called for the Bar Council of Uttar Pradesh and are now scheduled to be held on 05.07.20.
It was further submitted that the complaint against the petitioner has been made by 13 out of 24 members of the Bar Council of Uttar Pradesh and are of serious nature and in a Resolution passed on 17.06.2020 the Petitioner has been granted time till 30.06.2020 to file a reply to the allegations made against him.
In light of these submissions, the court observed that the Petitioner shall be at liberty to file his response to the allegations made, as contained in the Impugned Order dated 15.05.2020, with the BCI.
The court further said:
'In case any such reply/representation is made by the petitioner, the Bar Council of India is directed to consider the same expeditiously and in any case within a period of two weeks from the receipt thereof and pass a Speaking Order thereon.'
The court will next take up the matter on September 3.
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