A.K.Yog, J. - (1.) Respondent Nos. 3 & 4, impleaded as President and Secretary of High Court Bar Association, for short 'HCBA'. Respondent No. 2 at the outset of the hearing of the case raised, 'Preliminary Objection' regarding maintainability of the present Writ Petition under Article 226, Constitution of India, on two counts, namely;( i) present Writ Petition can not be entertained as 'Public Interest Litigation' (PIL), and, (ii) 'High Court Bar Association, Allahabad' (HCBA), is a 'Society registered under Societies Registration Act, (whose 'Bye-laws'/Rules have no statutory force), and hence not amenable to High Court jurisdiction under Article 226, Constitution of India.
(2.) It is conspicuous to note that none of the other Respondents (viz. The Registrar, Societies Firms and Chits-under Societies Registration Act, 1860, Allahabad/Respondent No. 1, Uttar Pradesh Bar Council /Respondent No. 5, Bar Council of India through its Chairman, New Delhi/ Respondent No. 6, Advocate General, State of Uttar Pradesh, Lucknow/Respondent No. 7, High Court of Judicature at Allahabad through its Registrar General/Respondent No. 8 and The Advocate Association, 4th floor, New Building (High Court Allahabad)/ Respondent 9) have joined the Respondent Nos. 2, 3, & 4 on the above 'Preliminary Objection regarding maintainability of the Writ Petition, rather directly or indirectly they support the petitioners and seek court intervention to ensure proper functioning of High Court Bar Association.
(3.) To appreciate 'Preliminary Objection', we may refer to the reliefs claimed in the Writ Petition which read"( i) issue, a writ order or direction in the nature' of mandamus for constituting a committee of Former Presidents HCBA presently practising in the High Court for weeding out non-practising advocates and to prepare final list of genuine voters who are regular practitioners in this Hon'ble Court and to hold elections of the General Body of the HCBA for the term 2004-2005 immediately thereafter. (ii) issue, a writ, order or direction in the nature of mandamus ceasing the financial powers of the respondent number 3 & 4 other than disbursement of salary to HCBA staff until holding of the HCBA General Body elections 2004-2005. (iii) issue, a writ order or direction in the nature of ad-interim mandamus ceasing the financial powers of the respondent number 3 & 4 other than disbursement of salary to HCBA staff until holding of the HCBA General Body Elections 2004-2005, and/or during the pendency of the present writ petition before this Hon'ble Court, besides constituting a committee of Former Presidents HCBA presently practising in the High Court for weeding out non-practising advocates and to prepare final list of genuine voters who are regular practitioners in this Hon'ble Court and to hold elections of the General Body of the HCBA for the term 2004-2005 immediately thereafter, so as to secure the ends of justice, or else the petitioner as well as the 'institution' shall suffer irreparable harm and injury. (iv) issue, any such other or further orders as this Hon'ble Court deems fit and proper in the present facts and circumstances of the 'case so as to secure the ends of justice.";