Delhi High Court: A petition was filed for consideration is as to whether the fundamental right guaranteed by Article 19(1) (c) of the Constitution to form an Association also includes the right to be recognized by a State Bar Council or by the Court for the purposes of availing benefits that flow from such recognition, either as a Court annexed Bar Association or as a recognized Bar Association under the Advocates Welfare Fund Act, 2001 referred to as the Advocates Welfare Fund Act. A division bench of Sanjeev Sachdeva and Ravinder Dudeja, JJ., held that while the right to form associations is a fundamental right, recognition by legal authorities is a separate matter governed by specific laws and regulations. Associations must meet the prescribed criteria to be recognized, and recognition is not automatic or guaranteed solely by virtue of association formation. Compliance with legal requirements is essential for obtaining recognition and accessing associated benefits under the law.
The case revolves around the recognition of various Bar Associations within the Rouse Avenue District Court Complex. The dispute arose due to discrepancies in the enrollment process and subsequent recognition of these associations. Specifically, the Rouse Avenue Bar Association, Delhi Rouse Avenue Court Bar Association, and Rouse Avenue District Court Bar Association faced challenges regarding the validity of their membership enrollment procedures, while the Central Delhi Court Bar Association, formed by a resolution of the Bar Council of Delhi, was also under scrutiny for alleged irregularities. The petitioners, presumably members or representatives of the Rouse Avenue Bar Association and other related associations, sought judicial intervention to challenge the decisions of the Bar Council of Delhi regarding the recognition of these associations. They contested the refusal to grant recognition and the cancellation of recognition for some associations, alleging procedural irregularities in the enrollment process.
The petitioners presented evidence highlighting the flaws in the membership enrollment process of the associations, such as missing signatures, declarations, proposers, and seconders on membership forms. They argued that these irregularities rendered the memberships invalid for recognition as Court Annexed or recognized Bar Associations. On the other hand, the respondents, likely representatives of the Bar Council of Delhi, defended the recognition decisions, asserting that the enrollment procedures were conducted in accordance with the applicable rules and regulations. They disputed the allegations of third-party payments for membership and emphasized the authority of the Bar Council of Delhi to constitute Bar Associations and regulate their elections.
The court meticulously examined the evidence presented by both parties and scrutinized the membership enrollment procedures of the associations in question. It acknowledged the fundamental right of citizens to form associations but emphasized the importance of compliance with rules and regulations for recognition as Bar Associations. The Court noted serious infractions in the enrollment process of the Rouse Avenue Bar Association, Delhi Rouse Avenue Court Bar Association, and Rouse Avenue District Court Bar Association, including the absence of essential signatures, declarations, and proposers, as well as payments made by third parties. These irregularities led the court to conclude that these associations could not be recognized as Court Annexed or recognized Bar Associations.
The Court remarked that “In the present case since all the Associations have been formed with the minimum mandatory number of desirous persons having subscribed to the Memorandum and Articles of Association and have been registered as Societies, this Court is not commenting on the validity of the formation of the said Associations. However, merely because an Association has been validly formed does not ipso facto entail recognition as a Court annexed Association or as a recognized Association under the Advocates Welfare Fund Act.”
The Court remarked that “Serious infraction of rules is found in respect of the members enrolled after the formation of the three Associations i.e. (1) Rouse Avenue Bar Association, (2) Delhi Rouse Avenue Court Bar Association and (3) Rouse Avenue District Court Bar Association. Since the infraction noticed is fundamental to the enrolment of members, said Associations cannot be accepted as the Court Annexed/recognised Bar Associations.”
However, regarding the Central Delhi Court Bar Association, formed by a resolution of the Bar Council of Delhi, the Court found the allegations of third-party payments disputable. It directed the association to refund membership fees, conduct a fresh membership drive, and adhere to proper enrollment procedures. Despite the challenge to the Bar Association Constitution Rules, 2019, the Court accepted the Central Delhi Court Bar Association as the recognized Bar Association for the Rouse Avenue District Court Complex.
The Court held that the Rouse Avenue Bar Association, Delhi Rouse Avenue Court Bar Association, and Rouse Avenue District Court Bar Association could not be recognized as Court Annexed or recognized Bar Associations due to serious irregularities in their membership enrollment process. However, the Central Delhi Court Bar Association was accepted as the recognized Bar Association for the Rouse Avenue District Court Complex, subject to certain conditions such as refunding membership fees and conducting a fresh membership drive.
[Rouse Avenue Bar Association v. Bar Council of Delhi, 2024 SCC OnLine Del 2714, decided on 08-04-2024]
Advocates who appeared in this case :
For the Petitioner: Mr. Munawwar Naseem, Mr. Siddharth, Mr. Indra Chand, Mr. Mukesh Kumar, Mr. Yajuvender Kumar & Mr. Manoj Kumar, Advocates.
For the Respondents: Mr. Ramesh Gupta, Senior Advocate with Mr. Ajay Kumar Agarwal, Mr. Rajesh Mishra, Mr. Ajayinder Sangwan, Mr. Naresh Gupta, Mr. O. P. Faizi, Ms. Pooja Bansal & Mr. Vijay Bishnoi, Advocates/Bar Council of Delhi. Mr. Surya Parkash Khatri, Chairman Bar Council of Delhi.
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