LexSUPREME COURT BAR ASSOCIATION & ORS versus B.D. KAUSHIK
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[2012] 4 S.C.R. 235 SUPREME COURT BAR ASSOCIATION & ORS. A v. 8.0. KAUSHIK I.A. N0.1 OF 2012 IN (Civil Appeal Nos. 3401 of 2003 etc.) MAY 7, 2012 [ALTAMAS KABIR & SURINDER SINGH NIJJAR, JJ.] Bar Associations: B c Supreme Court Bar Association - Eligibility of the members to contest and vote at the election to the Executive Committee - Directions given by Supreme Court in its judgment dated 26. 9. 2011 - Implementation Committee 0 carrying out the exercise to identify the regular practitioners in Supreme Court - Propriety of General Body Meeting held on 16. 1. 2012 and its resolutions - Held: Although the General Body Meeting had been convened to consider the implications of the judgment dated 26.9.2011, what transpired E later is a complete departure therefrom - The members of the SCBA present at the meeting were bent upon their own agendas, which were directed against the three senior members of the Bar, who had been appointed as members of the Implementation Committee, together with the President - This was not a method which should have been resorted to F for the said purpose - The Court cannot accept the manner in which the purported General Body Meeting of the SCBA was conducted on 16.1.2012, and the Resolutions adopted therein, as well as the resolutions purportedly adopted by the Executive Committee of the SCBA on 18.1.2012 - All the G Resolutions purported to have been adopted in the General Body Meeting of the SCBA held on 16.1.2012, and the meeting of the Executive Committee being in flagrant 235 H 236 SUPREME COURT REPORTS [2012] 4 S.C.R. A violation of the judgment delivered by the Court on 26.9.2011 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 16. 1. 2012, stands restored - The Implementation Committee shall, therefore, B 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 26.9.2011 - Thereafter, the SCBA shall set the dates for the election schedule, including publication of the list of members of the c SCBA eligible to vote in the elections, so that the elections can be held once the final list is approved and published - Rules and Regulations of the Supreme Court Bar Association -r.18. D Constitution of India, 1950: Art. 142 read with Art.141 - Expression 'matter pending before it' occurring in Art. 142 - Held: Would include matters in which orders of the Supreme Court were yet to be implemented when, particularly, such orders were necessary E for doing complete justice to the parties to the proceedings - When a judgment has been delivered by the Supreme Court, it is the obligation of all citizens to act in aid thereof and to obey the decision and the directions contained therein, in view of the provisions of Art. 141 until and unless the same are F modified or recalled - It is the duty of all the members of the SCBA to abide by and to give effect to the judgments of the Court and not to act in derogation thereof - Once the directions had been given in the judgment disposing of the two civil appeals, the members of the SCBA were bound by G the directions contained therein and the said directions had to be obeyed, however aggrieved a member of the SCBA might be. In pursuance of the directions issued by the Supreme Court in its judgment dated 26.9.2011 1 passed H 1. [2011] 15 SCR 736. SUPREME COURT BAR ASSOCIATION & ORS. v. 237 B.D. KAUSHIK in Civil Appeal Nos. 3401 and 3402 of 2003, and to A implement the Resolution of "One Bar One Vote" adopted by the Supreme Court Bar Association (SCBA) in the General Body Meeting of 18.2.2003, the Implementation Committee issued a questionnaire to all the Members of the SCBA and in order to identify regular B practitioners of the SCBA, adopted certain criteria in its meetings held on 11.1.2012 and 15.1.2012. When the exercise was in progress, meanwhile, in the General Body Meeting which was scheduled to be held on 16.1.2012, apart from the regular practitioners, a large number of c persons who were not even members of the SCBA, were stated to have assembled at the venue of the meeting and obstructed the elected President of the SCBA from conducting the meeting. I.A. 1 of 2012 in C.A. 3401 of 2003 was filed setting out in detail the events
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