Chandigarh, April 29
The Bar Council of India (BCI) has stayed the election proceedings of the Bar Council of Punjab and Haryana held on April 25 this year, by which new office-bearers of the latter were elected, till the final disposal of the matter.
The BCI also ordered that the Advocate General (AG) of Haryana, the ex officio member (being senior among the two AGs), shall take charge of the office of the chairman of the council.
The order came on a petition filed by Vijender Singh Ahlawat and others. Ahlawat is one of the members of the state council and has remained its chairman.
In the petition, Ahlawat prayed to set aside the resolution of the so-called election meeting held on April 25. The petitioner alleged that rules were not followed while convening the General House meeting.
The information regarding the order has been sent to the secretary of the Bar Council of Punjab and Haryana.
It may be recalled that Suvir Sidhu was unanimously elected as the chairman of the council in the April 25 meeting. The council also elected Ashok Singla, Ranvir Singh Dhaka, and Surinder Dutt Sharma as co-chairmen and other office-bearers.
BCI chairman Madan Kumar Mishra, in the order, stated, “Prima facie, I am satisfied that the so-called meeting as well as the election said to have been held on April 25 is non est and completely illegal against the Rules of State Bar Council of Punjab and Haryana as well as against the principles of natural justice as well as the set norms of election.”
According to the order the AG, Haryana, may constitute statutory committees temporarily for smooth discharge of the statutory functions of the council. The BCI, in the order, also restrained the so-called elected office-bearers from discharging any function of the body till the final disposal of the matter.
Malkit Singh, additional secretary, shall act as the secretary of the council.
The BCI has fixed May 14 as the next date of hearing. It has also called for the records of the meetings held on April 25 and April 23, including notices, agendas and minutes.
The BCI also sought reply from Minderjeet Singh Yadav as to what were the circumstances that compelled him for non-performance of his duties as the chairman of the council on April 25 and why he did not request the AG, Haryana (returning officer) to issue a notice for holding a fresh election, if required.
On the other hand, Suvir Sidhu said everything was done as per the rules in the April 25 meeting.
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