AMIT SACHAN & ANR. versus BAR COUNCIL OF UTTAR PRADESH, LUCKNOW & ORS.

Citation: [2021] 9 S.C.R. 29 · Decided: 24-09-2021 · Supreme Court of India · Bench: M.R. SHAH, A.S. BOPANNA · Disposal: Dismissed
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AMIT SACHAN & ANR.
v.
BAR COUNCIL OF UTTAR PRADESH, LUCKNOW & ORS.
(Special Leave Petition (Civil) Nos. 15349-15350 of 2021)
SEPTEMBER 24, 2021
[M. R. SHAH AND A. S. BOPANNA, JJ.]
Advocates  – Election of members of the Bar Association –
Role to be played by the members of the Bar in the administration
of justice delivery system – On facts, in election of Awadh Bar
Association scheduled to be held on 14.08.2021, the candidates/
advocates alongwith their supporters entered into the voting arena
and indulged in tearing ballot papers and in pushing female lawyers
and misbehaving with them – One lawyer was seriously injured and
his hand got fractured in the incident – Another lawyer suffered
heart attack – High Court took suo moto cognizance and issued
various directions including to hold fresh elections on 25.09.2021
– Held: The directions as issued by High Court cannot be faulted in
the peculiar facts and circumstances of the case, which were  issued
to maintain the purity of the election of the Bar Association – No
member of the Bar can be permitted to misbehave in the premises of
the High Court – The manner in which the lawyers acted and
misbehaved on 14.08.2021 in the premises of the High Court, where
the election of the Bar Association was going on, cannot be tolerated
and accepted and is deprecated – Office bearers of the Bar
Association are to be elected by the genuine voters and the advocates
genuinely / regularly practicing in the High Court and/or the Court
concerned, and outsiders not regularly practicing in that court
cannot be permitted to hijack the system by permitting them to take
part in the election process of electing members of the Bar
Association – Ethics.
EXTRA ORDINARY APPELLATE JURISDICTION: Special
Leave Petition (Civil) Nos. 15349-15350 of 2021.
From the Judgment and Orders dated 24.08.2021 and 27.08.2021
of the High Court of Judicature at Allahabad, Lucknow Bench, Lucknow
in (PIL Civil) No.18055 of 2021.
[2021] 9 S.C.R. 29
29
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SUPREME COURT REPORTS
[2021] 9 S.C.R.
R. Balasubramanian, Sr. Adv., V. N. Subramaniam, Ms. Anzu K.
Varkey, Jyotiresh Pandey, Girish Tiwari, Sarvesh Kr. Pandey, Pankaj
Shukla, Satish Solanki, Ms. Jaswanthi A., Advs. for the Petitioners.
Asim Chandra, Surya Mani Singh Royekwar, Farrukh Rasheed,
Advs. for the Respondents.
The following Order of the Court was passed :
O R D E R
1. Feeling aggrieved and dissatisfied with the impugned orders
dated 24.08.2021 and 27.08.2021 passed by the Division Bench of the
Lucknow Bench of the High Court of Judicature at Allahabad passed in
P.I.L. Civil No.18055 of 2021 by which the High Court has directed in
paragraph 24 as under:-
“(I)
The U.P. Bar Council shall issue necessary circular or
order implementing the principle of ‘one Bar one Vote’.
(II)
The U.P. Bar Council shall direct all the registered Bar
Associations to put on their website/notice board the names
of members who have casted their vote in last three years
i.e., 2018, 2019 and 2020.
(III)
The Central Bar Association, Lucknow Bar Association,
State Public Services Tribunal Bar Association, Central
Administrative Tribunal Bar Association and Armed Forces
Tribunal Bar Association are directed to put on their
website/ notice board the list of members who have casted
their vote in last three elections i.e., 2018, 2019 and 2020.
(IV)
The Elders’ Committee, Awadh Bar Association shall
formulate ‘code of conduct’ for elections keeping in view
the recommendations and directions issued today.
(V)
Canvassing by distribution of visiting cards/cards, pamphlets
or poster should be prohibited in the elections of the Awadh
Bar Association. Distribution of lunch packets, refreshment,
etc. should not be allowed either before or during the
election and all those who are found distributing such things
should be debarred from contesting elections. Hosting or
arranging dinner parties for canvassing for elections should
be prohibited.
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(VI)
Senior Registrar or any other Officer deputed by him in
consultation with the Elders’ Committee shall debar such
Members of Awadh Bar Association from participating
the ensuing election who may be found having indulged in
misbehaviour and disrupting the process of election on
14.8.2021 while the polling was in process, after due
verification of the complaints received and perusal of video
clipping and such other evidence as may be available.”
The petitioners – advocates reported to be practicing lawyers
and
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