- (1.) Writ Petition No. 42195 of 2016(first petition) has been filed by 22 ordinary/life members of the High Court Bar Association(Bar Association) with the following prayers :- " (i) Issue a writ, order or direction in the nature of mandamus directing the the Elders Committee to cancel the result declared in the meeting convened by the Chief Election Officer, Shri V.M. Zaidi in utter violation of the mandate of Rule 55 of the Bye-laws. (ii) Issue a writ, order or direction in the nature of mandamus directing the Elders Committee to re-prepare the electoral role of the Association consisting of the Ordinary Members as well as the Life Members in accordance with the various decisions of this Court, Apex Court and provisions of the Bye-laws including the principles of "One Vote One Bar". (iii) Issue a writ, order or direction in the nature of mandamus directing the Elders Committee to appoint new Chief Returning Officer excluding those who were connected with the election for the members of the Governing Council of the Association 2016-17. (iv) Issue a writ, order or direction in the nature of mandamus directing the Elders Committee to hold the fresh re-pole for electing the office bearers of the Governing Council of the Association adhering the direction issued by the High Court as well as the Apex Court from time to time. (v) Issue a writ, order or direction in the nature of mandamus referring the matter to the Bar Council of U.P. under Section 35 of the Advocates Act for taking action against the Advocates involved in the misconduct of the election process of the Association as well as violation of Rules and direction of this Hon'ble Court and the Apex Court issued from time to time. (vi) Issue a writ, order or direction in the nature of mandamus drecognizing the constitution of the Governing Council of the Association issued by Shri V.M. Zaidi and handing over charge to them in an illegally convened meeting of the General Body on 1.9.2016 in violation of Rule 55 whereby the Chairman Elders Committee alone was entitled to convene the same and declare the result. (vii) Issue a writ, order or direction in the nature of mandamus directing the Respondent No.2 to ensure compliance of the various directions issued by this Hon'ble Court as well as Apex Court with regard to the membership of the various Annex Bar Association, all over the State of U.P.
(2.) Writ Petition No. 42660 of 2016(second petition) has been filed with the following prayers :- " (i) Issue a writ, order or direction in the nature certiorari setting aside the election of the Executive Body of High Court Bar Association held on 10th of August 2016 as the same is illegal and in serious contravention of the HCBA Bye-laws that have been upheld by order dated 8.5.2015 passed by the Hon'ble Full Bench [Seven Judges decision Annexure No.9]. (ii) Issue, a writ order or direction in the nature of 'MANDAMUS'; (a) constituting "Implementation Committee" to hold the HCBA Election 2016, afresh under monitoring of the Hon'ble High Court as was done by Hon'ble Division Bench in the case of District Court Bar Association matter Inre: Pankaj Kumar Singh (Annexure No.16 to the Writ Petition), following the order dated 8.5.2015 passed by the Hon'ble Full Bench [Seven Judges decision Annexure No.9] (b) Directing the Election Committee 2016 of the High Court Bar Association to prepare comprehensive Voter List with photographs, addresses, e-mail, and phone numbers of the members / voters, after obtaining their affidavits to the effect that they have not voted in any other Court Annexed Bar Association in Allahabad or any other district in the State of Uttar Pradesh or any other States in India. (c) Directing preparation of comprehensive tentative voter list for elections High Court Bar Association Allahabad 2016 as stated above so that it should be ready for scrutiny by the members on the date declaring the final date for holding elections. (d) That the objections be invited and the final voter list be published and conspicuously displayed and conveyed to the members of the bar and also be sent on e-mail of the ordinary members, at least 20 days in advance of the scheduled date for elections. (e) To hold the elections by means of deploying Electronic Voting Machine in the Library Hall, in order to save the exorbitant expenditure in constructing tamboos (tents/tin sheets structures for elections of the Association. (f) To form a committee including Hon'ble Judge(s) for full Digitalization of the High Court Bar Association making all information available online / e-mail viz; Voter List, Member Details, Executive Committees, Annual Budget, Minutes of All Meetings of the Executive Committee/Governing Council, Income and Expenditure Details, Legal Seminars, Cultural Functions Invitations, Visit of Dignitaries and Luminaries and other important information of the like, for ready reference / information of the members of the High Court Bar Association. (iii) Issue, a writ order or direction in the nature of 'ad interim mandamus' calling for the records of the HCBA viz. the list of members whose membership subscription dues have been cleared after 11.07.2016. (iv) Issue, a writ order or direction in the nature of 'ad interim mandamus' restraining the newly elected office bearers of Governing Council Body High Court Bar Association Election 2016 from functioning as such, and to give the charge of the HCBA Executive Council to Elders Committee until fresh elections are conducted as per the Mandamus prayed for in Prayer No. 2(a), 2(b), 2(c), 2(d), 2(e) & 2(f) during the pendency of the present Writ Petition before this Hon'ble High Court, so as to secure the ends of justice."
(3.) Rule 2 (i) of the Rules of the Association provides that the Association is a society registered under the provisions of the Societies Registration Act, 1860(the Act) and shall consist of all Office-bearers and the Members of the Governing Council and the General Body of the Association and also those who become Members of the Association by or under these Rules and continue to be Members. Rule 4(d) provides for constitution of a General Body comprising of all the Members of the Association.;