- (1.) Since common issues for determination are involved in Civil Appeal No. 3401 of 2003 and Civil Appeal No. 3402 of 2003, this Court proposes to dispose them of by this common judgment.
(2.) Civil Appeal No. 3401 of 2003 is filed by three appellants, i.e., (1) Supreme Court Bar Association (Registered), through its Honorary Secretary Mr. Ashok Arora, (2) Shri Ashok Arora, Honorary Secretary of Supreme Court Bar Association and (3) Ms. Sunita B. Rao, Coordinator, Implementation Committee, Supreme Court Bar Association (for short "SCBA"), Tilak Marg, New Delhi. It is directed against interim order dated April 5, 2003, passed by learned Civil Judge, Delhi below application filed under Order 39 Rules 1 and 2 read with Section 151 of Civil Procedure Code (CPC) filed in Civil Suit No. 101 of 2003. Civil Appeal No. 3402 of 2003 is filed by Supreme Court Bar Association through its Honorary Secretary against interim order dated April 5, 2003, passed by the learned Civil Judge below application filed under Order 39 Rules 1 and 2 read with Section 151, CPC, filed in Civil Suit No. 101 of 2003. By the common order, the appellants are restrained from implementing the resolution dated February 18, 2003 amending Rule 18 of the Rules and Regulations of SCBA till the final disposal of both the suits.
(3.) The respondent in Civil Appeal No. 3401 of 2003 is Shri B.D. Kaushik whereas the respondent in Civil Appeal No. 3402 of 2003 is Shri A.K. Manchanda. Both the respondents are the advocates practicing in Delhi. They are members of SCBA, Delhi High Court Bar Association, Delhi Bar Association, Tis Hazari Courts, Delhi, etc. The appellant No. 1, i.e., Supreme Court Bar Association is a Society registered on August 25, 1999 under the Societies Registration Act, 1860 and its Registration No. is 35478 of 1999. The Registered Office of the Association is in Supreme Court premises at New Delhi. The provisions of the Societies Registration Act, 1860 empower a society to frame Memorandum of Association and Rules and Regulations. In exercise of those powers the Association has framed Memorandum of Association of the SCBA as also the Rules and Regulations. The aims and objectives of the Association are specified in Clause 3 of the Memorandum of Association, which are as under: - "3. AIMS AND OBJECTIVES: The Aims and Objectives of the association are: i) To promote upholding of rule of law; ii) To encourage profession of law in India; iii) To promote and protect the privileges, interest and prestige of the association and to promote union and cooperation among the advocates practicing in the court and other associations and advocates; iv) To promote and maintain high standards of profession among members of the Bar; v) To establish and maintain an adequate library for the use of the members and to provide other facilities and convenience to the members; vi) To watch the state of law, progress of legislation and administration of justice and to take such steps as may be necessary for their progress and reform; vii) To express opinion on proposed legislation and other matters of interest and to make representation in respect thereof; viii) To take necessary steps to prevent and remedy any abuse of law or mal- administration of justice; ix) To make representation from time to time to the authorities on matters affecting the Bar; x) To acquire and safeguard the rights and privileges necessary or convenient for the purpose of the association; xi) To arrange for raising funds for legal aid and to do everything including applying of funds that may be necessary to that end; xii) To promote and participate in All India Lawyers' Association and activities connected therewith; xiii) To adopt all such matters as might be necessary or incidental to the carrying out of the aforesaid objects; xiv) To take measures including founding and applying of funds for aid to deserving members of the association and its employees; xv) To conduct and hold seminars, symposia, conference on issues and topics of interest to the legal profession and to disseminate information in this behalf; and xvi) To promote the welfare of the members of the association." The Rules and Regulations framed by the Association are known as Rules and Regulations of Supreme Court Bar Association. Rule 3 of the Rules and Regulations defines certain phrases. Rule 3(i) defines 'Association' to mean the Supreme Court Bar Association. There are four classes of Members as specified in Rule 4. They are (i) Resident Members, (ii) Non-resident Members, (iii) Associate Members, and (iv) Non-Active Members. As per Rule 3(ii) 'Associate Member' means an association of advocates practicing in a High Court or Judicial Commissioner's Court and enrolled as such a Member. Rule 3(iv) defines the term 'Committee' to mean Executive Committee of the Bar Association whereas Rule 3(v) defines the word 'Court' to mean the Supreme Court of India. The term 'Member' is defined in Rule 3(vi) to mean a member of Association. Sub- rule (vi)(a) of Rule 3, which was inserted by resolution of Special General Body Meeting dated September 9, 2010 retrospectively with effect from September 14, 2009, defines 'Temporary Member' to mean a member other than a member within the meaning of Rule 3(vi). 'Non-Active Member' is defined in Rule 3(viii) to mean a Member whose name is kept on the list of Members notwithstanding he has accepted an office of profit disentitling him to practice. The phrase 'Resident Member' is defined in Rule 3(ix) to mean a member residing and practicing as an advocate in Delhi or its suburbs. Rule 5 of the Rules and Regulations deals with fees, admission and subscription. Rule 5(v)(a) provides that in terms of Rule 5 an applicant found to be suitable to be made a member of the Association, will be made a member, initially on temporary basis for a period of two years. It further provides that a person so made a member on temporary basis will be identified as temporary member and such temporary member will be entitled to avail the facilities of the Association such as library and canteen etc., but he will not have a right to participate in general meetings as prescribed in Rule 21 or to contest and vote at the elections as provided in Rule 18 and to be issued a Library Card. Explanation appended to Rule 5(v)(b) makes it clear that 'suitable' means a person applying must fulfill all the criteria listed in the Rules and Regulations of the Association, viz., Rule 5(v) and also satisfy the requirements prescribed in the prescribed form. As per Rule 5(v)(c) at the end of two years period from the date of approval of temporary membership by the Executive Committee, if such temporary member pays SCBA dues without any default during such period and produces the proof of either of the following of requirements before the Executive Committee, his name would be considered for being made a regular Member of the Association - (i) appearance in Supreme Court as lead counsel in at least five matters in each year of the two years period, or (ii) appearance in Supreme Court as a junior advocate appearing with any senior advocate/advocate-on record in at least twenty matters in each year of the two years period, (iii) only such of the temporary members on satisfying the above requirements at the end of two years period would be made a member of the Association with an entitlement to all the privileges of the Association including the right to contest and vote and Library Card etc., else, he/she shall continue to remain a temporary member till such time he/she fulfills these conditions.;