- (1.) Heard learned counsel for the parties and perused the record.
(2.) The petitioners have preferred this writ petition for the following reliefs. 1. "Issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 24.7.2015 passed by the Chairman, Bar Council of U.P. suspending the entire election programme of the Bar Association ; 2. Issue a writ, order or direction in the nature of mandamus commanding respondent nos. 2 and 3 not to interfere in election process of Bar Association and direct the elder committee and office bearers of the Bar Association to initiate and conclude the election of the Bar Association rescheduling its election programme afresh within a very reasonable time to be specified by this Court ; 3. Issue any other writ, order or direction, which this Court may deem fit and proper in the facts and circumstances of the case ; and 4. Award cost of the petition to the petitioners."
(3.) Brief facts of the case are that petitioner no.1,Janpad Diwani Evam Faujdari Bar Association, Gautam Budh Nagar, U.P. through its Secretary (hereinafter referred to as "the Bar Association") is a registered society under the Societies Registration Act, 1960 (hereinafter referred to as "the Act"), whereas petitioner no.2, Manoj Kumar Bhati is a practicing lawyer in the district Court of Gautam Budh Nagar and a prospective candidate for the office of Secretary in the ensuing election of the Bar Association for the year 2015-16. Bar Council of U.P. constituted under Section 3 of the Advocates Act 1961 (hereinafter referred to as "Advocates Act", has framed model bye laws providing unified provision with regard to procedure of election, specifically stipulating the provisions for forming an Elder Committee of five senior most lawyers, at the relevant time who are actually in regular practice in that Court in every Bar Association of the State for holding of elections where term of the office bearers has expired and appointment of Returning Officer for the purpose of holding elections which are to be held annually.;