Akanksha Singh –
Published On: September 17, 2021 at 19:07 IST
The Delhi High Court issued notice on a plea challenging the Bar Associations (Constitution, Recognition and Conduct of Elections) Rules, 2019, as ultra vires of the Constitution of India , Advocates Act and Advocates Welfare Funds Act.
These Rules were framed by the Delhi Bar Council (BCD) and approved by the Bar Council of India (BCI).
Justice Rekha Palli sought response from Union of India, BCI, BCD, Rouse Avenue District Court Bar Association, Central Delhi Court Bar Association and Registrar of Societies, Government of National Capital Territory of Delhi.
The plea has been filed by seven Advocates representing different Bar Associations of Delhi’s District Courts.
Advocate Pankaj Kumar, appearing for the Petitioners, stated that the Rules are obstructing the functioning of the Bar Association and the damage they are proposing to do is of persistent nature.
Further Justice Palli asked the Counsel, “Bar Council of Delhi is not a society as such. It’s a statutory body. You have approved the Rules that’s fine but after approval what’s to be done? Have they been notified?”
To this, Kumar submitted that the Rules were per se illegal and beyond the scope of Advocates Act and Advocates Welfare Funds Act.
The Petitioners are aggrieved by the action of BCD for passing a resolution dated 20th November 2020, through which it has constituted the Ad Hoc Committee to deal with the day-to-day problems of the Rouse Avenue Court .
While issuing notice on the Petition, the Court refused to stay the operation of the Rules.
The matter is further listed for October 28.