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Delhi High Court declines to stay removal of Ashok Arora from post of Secretary, SCBA

New Delhi (ILNS): The Delhi High Court today declined to provide interim relief to advocate Ashok Arora, who is seeking a stay on his removal from the post of Secretary of the Supreme Court Bar Association (SCBA).

Justice Mukta Gupta, while pronouncing the judgment through video conferencing, noted that there is “no prima facie case made out.”

The petition has been filed by Advocate Ashok Arora, challenging the SCBA resolution of May 8, suspending him from the post of secretary of the  SCBA, alleging that it was in violation of Rule 35 of the SCBA Rules and his ouster was void ab initio. Arora further alleged that his removal was also in violation of the principle of natural justice.

Senior Advocate Arvind Nigam, appearing for the SCBA, submitted that all the principles of natural justice were followed. The president recused himself from the deliberations and Arora was allowed to present his side.

The Bar Council of India (BCI) on May 10, however, resolved to put a stay on the decision made by the executive committee of the SCBA of removing  Ashok Arora from the post of secretary.

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The BCI, while staying the suspension, said:

 “…the resolution passed by the Executive Committee on 8th May 2020 suspending Mr. Ashok Arora is beyond the powers of the Executive Committee and is, therefore, illegal, cavalier, undemocratic and autocratic in nature. It is vindictive on the face of it.”

-ILNS

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