- (1.) A. K. Yog, J. In the writ-petition before us, we are called upon, to deal with an issue which is both disturbing as well as vital to the 'administration of Justice'.
(2.) PETITIONERS are 'regular legal practitioners' in High Court, Allahabad. One of them, Ms. Sadhna Upadhyaya, is the former Secretary of HCBA (HIGH COURT BAR ASSOCIATION ALLAHABAD), which is a Society registered under Societies Registration Act, 1860 (as amended in the State of U. P. ). They are undisputedly members of Allahabad High Court 'bar'. These 'advocates' on their behalf and on behalf of other 'advocates', ordinarily practicing in High Court, Allahabad are aggrieved and complain of being deprived of their 'rights' and 'privileges' by none else but 'advocates'-who are not ordinarily practicing in High Court, Allahabad and/or not in legal profession at all, for convenience-collectively referred to as 'nra' (Non Resident Advocates ). They have approached this Court aspiring for protection and expect the Court to save them from being exploited by 'nra' and to enable them to enjoy their privileges and rights in law and enable 'bona fide' and 'genuine' legal practioners of Allahabad High Court (particularly members of HCBA) to manage the 'bar' in its pursuit to secure 'aims and Objects' enshrined under 'bye Laws' of HCBA, titled HIGH COURT BAR ASSOCIATION RULES (hereinafter called-HCBA Rules ). It is a strange and paradoxial situation in the 'bar'. Advocates, legal practitioners of Allahabad High Court, supposed to protect legal rights of others and stand for the cause of 'justice', are themselves clamouring for being 'protected' under law and saved from exploitation at the hands of NRA. It is an 'irony' of the prevailing circumstances. Case of the petitioners : According to the petitioners, there is an influx of Non-Resident Members (NRA-with no right to vote), under guise of Advocates ordinarily practicing in the High Court at Allahabad as ordinary member of HCBA (with right to vote in the meetings of HCBA)-as contemplated under HCBA Rules. NRA are inducted as Ordinary Members clandestinely in HCBA by the 'prospective-candidate/s' for future election of Governing Body of HCBA taking recourse to unethical means/practices i. e. , allurements- including 'financial-funding' to sponsor 'membership' and raise number of votes in their favour-though they are not practicing in High Court, Allahabad or at all anywhere and/or clear arrears of existing members of HCBA as 'bribe' to cast 'votes' in their favour in coming Elections of HCBA. It is contended that 'nras', camouflaged as 'advocates' practicing in High Court (called 'ordinary-members in HCBA Rules') are smuggled in HCBA for election purpose only. Success in BAR Election is mustered on the strength of NRA and depends solely upon 'manipulative-majority'. Mandate in election is 'illusory' opposed to genuine wish of bona fide-legal practitioners of High Court, Allahabad. The entire process of 'election' is a hoax. High Court BAR is in turmoil, and put to ransom by NRA-precipitating crisis in the administration of Justice in the State. Votes are secured, not on the basis of their 'merit' or 'popularity', but extracted through 'money', 'muscle', and 'manipulation'. 'candidates' elected do not represent wish of majority of 'legal practitioners of High Court, Allahabad. The three 'm' ('money', 'muscle' and 'manipulations') are the secret of success in HCBA elections. Key offices (viz. , President/secretary) in the Governing Body of HCBA are being grabbed surreptitiously by 'tricks'. Such elected 'office-bearers' or NRAs are hardly concerned with the standards of 'legal Profession' or working of the High Court as such.
(3.) THE petitioners lament over prevailing status of the BAR wherein 'regular-legal practitioners' are, like outsiders forced to sit on fence as 'moot spectators' in the affairs of HCBA. Such a 'governing Body' of HCBA has no concern with the 'aims and Objects' set out in HCBA Rules. Facilities/privileges extended by the High Court to the Advocates practicing in Allahabad High Court are misappropriated with impunity. Advocates 'ordinarily' or 'regularly' practicing in High Court have been side-tracked from 'main stream' of the Court working. It is pointed out that office bearers of HCBA (elected on the support of NRA) often resort to strike under pressure of NRA ignoring interest of 'litigants' apart from being suicidal to the cause of 'legal Profession' itself.;