The Allahabad High Court has dismissed the petition seeking to quash the election of the Ghaziabad Bar Association.
A Single Bench of Justice Neeraj Tiwari passed this order, while hearing a petition filed by Advocate Adesh Kumar And another.
The petition sought the following:
“(a) Issue a writ, order or direction in the nature of certiorari quashing the entire election held on January 10, 2022, conducted by the elder committee of the Ghaziabad Bar Association, District Ghaziabad on the basis of impression.
(b) Issue a writ, order of direction in the nature of mandamus directing and commanding the respondent no 3 to decide the objection of the petitioners dated March 11, 2022, pending before respondent no 3 in accordance with law.”
The Counsel for the petitioners submitted that election of Ghaziabad Bar Association, District Ghaziabad was held on January 10, 2022, contrary to the provisions of law. Against the said election, the petitioners have filed objections under Section 25(1) of Societies Registration Act, 1860.
He next submitted that election may be quashed and direction may be issued to respondent no 3 to decide the objection under Section 25 (1) of Act, 1860.
Standing counsel opposed and submitted that election of Bar Association may not be challenged before the Court and further for reference under Section 25 (1) of Act, 1860, objection/ application has to be submitted by 1/4th member of the society whereas in case, application has been filed by petitioners only, therefore, reference is also not maintainable.
“There is no doubt that by prayer (a), petitioners’ seeking relief for quashing of election dated 10.01.2022, which could not be granted by the Court as election of Ghaziabad Bar Association cannot be challenged before the Court.
Similarly, so far as prayer (b) pertains to decision of the objection dated March 11, 2022 under Section 25 (1) of Act, 1860 is concerned, that can only be decided in the case it has been filed by 1/4th member of the society, which is also missing in the petition as it was filed by the petitioners only, which is contrary to the provisions of under Section 25 (1) of Act, 1860.
Therefore, under such facts of the case, the petition lacks merit, the Court observed and dismissed the petition.