THROUGH the judgement in the case-Ram Sahai Chiroliya v. the Secretary, District Bar Association, Datia and Another, delivered on July 26, 2024, by Justice Anand Pathak and Justice Rajendra Kumar Vani, at the Gwalior Bench of the Madly Pradesh High Court, have held that once the respondent –District Bar Association’s counsel admits that their Bar Association is guided by the Model byelaws of the State Bar Council then before removing/ cancelling membership of the petitioner, the same has to be ratified by the General Body while convening meeting and not by circulation. Similarly, parent body, State Bar Council could have been consulted before removing the membership of the petitioner. Same has not been done in the present case.

 

In this case, dispute is in respect of cancellation of membership of the petitioner from District Bar Association, Datia. He is practicing Advocate at District Datia. He was elected as the President of the Executive Body of the District Bar Association, Datia for the period 2017-19. After his tenure was over, it appears that some amount of Bar Association was to be deposited, which allegedly petitioner had not deposited, therefore, on that pretext, Executive Council issued a showcause notice on July 3, 2020 to the petitioner, which was duly replied to by the petitioner. Thereafter, the impugned order of August 22, 2020 was passed by which membership of the petitioner was cancelled and this has led to filing of this petition. The petitioner’s counsel has made two-fold submissions, that (i) that petitioner is the member of the District Bar Association, which is being recognised as Bar Association vide section 2(b) of Madhya Pradesh Adhivakta Kalyan Nidhi Adhiniyam, 1982, therefore the District Bar Association has to comply with the directions issued by the State Bar Council from time to time.

 

Recognition by the State Bar Council means the acceptance of model byelaws, which are being prepared and circulated by the State Bar Council amongst the Bar Council for compliance. (ii) Section 16 of the Adhiniyam, 1982 deals in respect of recognition and registration of Bar Associations is final. Model byelaws have been promulgated by the State Bar Council and clause 5 of the same deals in respect of Removal from membership. That clause stipulates that unless approved/ratified by the State Bar council, it cannot be carried out. That too, resolution of Executive Body in which 50% members of the Bar shall be present and vote. In this case, neither approval from the State Bar Council is taken nor, that has been ratified by the General Body of the Bar Association in a meeting convened. Any ratification by circulation cannot be valid convening of the General Body in the eyes of the model byelaws. In response, Counsel for the respondent-District Bar Association opposed the Prayer.

 

According to him, present petitioner was the president of the Executive Body for the period 2017-2019 and during that period, funds to the tune of Rs 30,676/- were collected but only Rs. 5,000/- were deposited and remaining amount and Receipt Pad were not deposited by the petitioner, therefore, after giving show cause notice such stern action has been taken against the petitioner to send a message to others. Although, the counsel for the respondent- District Bar Association, Datia, has ‘fairly’ submitted that his Association is recognized by the M.P. Bar Council and therefore, association and its office-bearers have to comply with the model byelaws, rules and regulations made in this regard however, he refers to the fact that due to Covid-19 pendemic, meeting of General Body could not be convened and therefore, by circulation approval of more than 50% members was obtained (while visiting individually) therefore, according to him, it was a validly convened General Body. The counsel for the respondent-State Bar Council explaining the fact-situation, stated that every Bar Association is required to be registered with the State Bar Council as per the section 16 of the Adhiniyam, 1982. Bar Association as defined in section 2 (b) contemplates that such Bar Association is duly recognized by the State Bar Council. Once, Bar Association is registered with the State Bar Council then it has to follow model byelaws of State Bar Council of M.P. Therefore, for removal from membership, relevant clause 5 is required to be complied with. At this stage, the HC was informed that vide the impugned order, of August 22, 2020, impugned action of Bar Association was stayed and the petitioner is still holding membership. It was further submitted that during pendency of this petition, query was raised by the present President of the Bar Association from the State Bar Council, about the fact-situation and the State Bar Council through its letter of September 23, 2022, specifically mentioned that if termination of a member is not ratified by the General Body as well as the State Bar Council then it is not appropriate and membership can be restored. The Counsel further submitted that the petitioner never embezzled any public fund/membership fund. He has also referred to the contents of the show-cause notice to demonstrate that amount mentioned in the said show-cause notice was Rs 4565/- only, which he would deposit. However, in the interest of the members of the Bar Association, he is ready to hold get-together including High Tea/Ice- Cream party as the case may be to show his bona fides about his affiliation with and affection for the Bar members. In result, the M.P. High Court has set aside the impugned order/ intimation of August 22, 2020. However, liberty has been granted to the respondent-District Bar Association, Datia, to proceed in accordance with law, if they have any allegation to substantiate against the petitioner and thereafter, they will follow the procedure by the State Bar Council as prescribed in model byelaws, if advised so. Further, the HC has referred to the undertaking given by the petitioner himself, being former Head of the Bar Association, Datia, it is time for him to show magnanimity and to honour his commitment regarding hosting High Tea/Ice Cream party with intimation to all members of the District Bar Association at Datia.