Recently, the State Bar Council of Uttar Pradesh filed a petition against Bar Council of India alleging that the latter is attempting to take over its functioning.
A Single Bench of Justice Prathiba M. Singhal of Delhi High Court has sought response from the Bar Council of India on the petition filed against it. It has been asked to the counsel appearing for BCI, Mr. Preet Pal Singh to urgently seek instructions in the matter by next week. Background of the case:
The Bar Council of Uttar Pradesh (BCUP) is aggrieved by two resolutions of the Bar Council of India dated 19th January, 2021 and 2nd February, 2021 by which a nine-member committee has been appointed to look after the activities of the BCUP and a three-member committee has been appointed for conducting its elections. Arguments by petitioners:
- Senior Counsel appearing for the Petitioners, Ms. Meenakshi Arora submitted that the entire BCUP has unanimously resolved that Mr. Rohitshav Kumar Aggarwal shall continue working as the Chairman of the BCUP, as per resolution dated 24th January, 2021.
- She also submitted that vide the impugned circulars, the BCUP has, in effect, been superseded by the BCI and the BCUP’s bank accounts were put under the control of the three-member election committee.
- The main grievance of the BCI is that the current term of Chairman in the BCUP have been divided between two persons i.e., for 6 months each, which is not permissible as per the Rules. Ms. Arora submitted that previously also such an arrangement has been approved by the BCI.
Taking note of the urgency of the matter, the case has now been fixed for hearing on March 3, 2021. [READ ORDER]