ashok arora

The SCBA has framed its Memorandum of Association and Rules and Regulations, Rule 4 whereof divides the Members into four separate classes, namely, :- (i) Resident Members; (ii) Non-Resident Members; iii) Associate Members; and iv) Non-Active Members. Rule 5(v)(a) provides that in terms of Rule 5, an Applicant found to be suitable to be made a Member of the Association would be made Member initially on temporary basis for a period of two years. It also provides that a person who is made such a Member, would be identified as a temporary Member who would be entitled to avail the facilities of the Association, such as library and canteen, but would not have a right to participate in general meetings, as prescribed in Rule 21 or to contest and vote at the elections, as provided in Rule 18. In the said meeting, a requisition signed by 237 Members of the SCBA to recall the Resolution dated 18th February, 2003, was taken up for consideration, but deferred on account of the fact that the elections had been declared. Moreover, in the meeting of the Executive Committee held on 10th March, 2003, it was resolved to constitute an Implementation Committee to implement the Resolution of “One Bar One Vote”, which was adopted in the General Body Meeting of 18th February, 2003. 5. The apparent differences, which have surfaced between the two groups of Members within the SCBA, resulted in Mr. B.D. Kaushik filing Suit No.100 of 2003 in the Court of Shri Sanjeev Jain, Commercial Civil Judge, Delhi, challenging the validity of the Resolution adopted by the Executive Committee of the SCBA on 18th February, 2003. While seeking a decree for a declaration that the Resolution dated 18th February, 2003, was illegal and ineffective, the Plaintiff also prayed for a decree of perpetual injunction to restrain the SCBA and the Office Bearers from implementing the said Resolution dated 18th February, 2003, in the elections of the SCBA which were proposed to be held on 25th April, 2003. A further prayer was made to restrain the SCBA from debarring any of the Members of the SCBA who had already paid their subscription from casting their votes in the elections which were scheduled to be held on 25th April, 2003. A similar Suit No.101 of 2003 was filed before the same learned Judge by Shri A.K. Manchanda, seeking the same relief as had been sought by Mr. B.D. Kaushik in his Suit No.100 of 2003. Accordingly, I.A. No.1 of 2012 in Civil Appeal Nos.3401 and 3402 of 2003 is allowed. All the Resolutions purported to have been adopted in the General Body Meeting of the SCBA held on 16th January, 2012, and the meeting of the Executive Committee are held to be invalid and are set aside. Consequently, the composition of the Office Bearers of the SCBA prior to the adoption of the alleged resolutions of 16th January, 2012, stand restored. The alleged resolution expelling the three senior members of the SCBA constituting the Implementation Committee appointed under the directions of this Court, is set aside. The Implementation Committee shall, therefore, continue with the work assigned to it for identification of the members of the SCBA eligible to vote in the elections in terms of the directions given in the judgment dated 26th September, 2011. However, if any member of the SCBA is aggrieved by the methodology adopted by the Implementation Committee for identification of such eligible members, he/she may make a representation to the Executive Committee of the SCBA within a fortnight from date and if such a representation or representations is or are received within the specified period, the Executive Committee of the SCBA will look into such objections and take a decision thereupon and, if necessary, to apply to the Court, before further steps are taken by the Implementation Committee in regard to identification of members eligible to vote at the elections. For a period of two weeks, the Implementation Committee shall not take any further steps in the matter, and shall, thereafter, resume the work of identification of members of the SCBA eligible to vote on the instructions that may be given by the Executive Committee of the SCBA in this regard. The process of identifying the members of the SCBA eligible to vote in the elections for selection of the members of the Executive Committee must be completed within four weeks from the date of individual objections received, if any, are decided finally. Thereafter, the SCBA shall set the dates for the election schedule, including publication of the list of members of the SCBA eligible to vote in the elections, so that the elections can be held once the final list is approved and published. 53. We expect all the members of the SCBA to cooperate with the Implementation Committee and the Executive Committee of the SCBA to complete the publication of the list of members of the SCBA eligible to vote in the elections within the time specified, and, thereafter, to cooperate in the conducting of the elections for the election of the Office Bearers of the SCBA. 54. I.A. No.1 of 2012 in Civil Appeal Nos.3401 and 3402 of 2003 is thus disposed of. Let copies of this order be made available to the President of the SCBA and the members of the Implementation Committee for immediate compliance. A copy of the operative portion of this judgment may also be put up on the web-site and Notice Board of the SCBA for general information of all of its members. All connected IAs are also disposed of by this order. 55. Having regard to the observations made hereinabove, the Contempt Petition No.45 of 2012, filed in the civil appeals by Dr. Parvin Kumar Mutreja, Advocate, and two others, is also disposed of by virtue of this order.

|REPORTABLE | IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION I.A. NO.1 OF 2012 IN CIVIL APPEAL NOS.3401 OF 2003 1 2 Supreme Court Bar Association & Ors. … Appellants Vs. 2 B.D. Kaushik … Respondent WITH I.A. NO.1 OF 2012 IN CIVIL APPEAL NO.3402 OF 2003 AND CONT. PET. (C) NO.45 OF 2012 … Continue reading →