- (1.) The petitioner is a practitioner at the Central Administrative Tribunal, Lucknow Bench, Lucknow and has come up praying that the Elders Committee constituted pursuant to the judgement dated 10.8.2010 in Writ Petition No. 4211 of 2010 be reconstituted in terms of the model bye-laws that have been promulgated by the Bar Council of Uttar Pradesh in order to ensure a proper constitution of the Bar Association of the Central Administrative Tribunal that has slightly fallen into disarray on account of the circumstances explained in the writ petition.
(2.) The first issue before us is with regard to entertaining of such a writ petition in the background that the Central Administrative Tribunal (CAT) Bar Association Lucknow was registered as a society under the Societies Registration Act, 1860 with File No. 6082 and the certificate whereof was issued on 31.12.2004 that was valid only till 31.12.2009. It is an admitted position at the bar by Sri C.B. Pandey, learned counsel for the petitioner, Sri Dharmesh Sinha respondent no. 3 who is present in Court and was the outgoing Secretary, and also by the Returning Officer Sri G.S. Sikarwar, respondent no. 4, that the society thereafter went unrenewed, and as on date, there is no renewal of the said registration.
(3.) A situation had arisen in the past in the same background when the elections were to be held in the year 2010 and it is at that stage that Writ Petition No. 4211 of 2010 was filed in which an agreed situation was arrived at and the writ petition was disposed of on 10.8.2010 with a direction that the Elders Committee so constituted under the said judgement will get the elections held and for the said purpose the Elders Committee shall exercise all the powers of Executive Committee/General Body for scrutinizing the list of members, voter list of the Association and thereafter will take necessary steps for holding of elections as per the model bye-laws framed by the U.P. Bar Council within a period of six months. It was also directed that the Elders Committee shall take assistance of the Deputy Registrar, Firms, Societies and Chits, Lucknow for that purpose.;