The Madhya Pradesh High Court has held that there is nothing in statute, rule or regulation that prohibits recognition of a bar association in one court or one place, where already a bar association is functioning after recognition by the State Bar Council.
A division bench of Acting Chief Justice Rajendra Menon and Justice HP Singh was recently considering a petition filed by the High Court Advocates Association for its recognition from the Bar Council.
In a response filed by the MP State Bar Council, it was submitted that it is the policy of the Bar Council that two bar associations cannot function in one court. To this, the court said this decision of the State Bar Council of Madhya Pradesh is not based on any statutory provision, rule or regulation having the force of law.
“In fact, an Association and group of persons can always form an association and function in accordance to the right guaranteed to them under Article 19 (1) of the Constitution and grant of recognition by the Bar Council as laid down by the Madras High Court in the case of Madras High Court Association, Chennai Vs. The Secretary, Bar Council of Tamil Nadu and another [AIR 2015 Madras 213] is only for the purpose of the rights and duties created under Advocate Welfare Fund and its regulation,” the bench said.
The high court directed the secretary of State Bar Council to convene a meeting of its appropriate body and take a decision on the application of the petitioner and intimate to all concerned as to what is the decision taken in the matter.
Read the Judgment here.