- (1.) Petitioner who is a member of District Bar Association, Ludhiana has a grievance that he was expelled by the alleged expulsion of the District Bar Association in a meeting held on 16.4.2014. Expulsion spelt out that he will not exercise any right as a member of the District Bar Association for a period of one year commencing from 16.4.2014 and that would also debar him from any voting right or right to seek election to any office of District Bar Association, Ludhiana for a period of five years commencing from 16.4.2014.
(2.) The precipitate action of the association came at a situation when the petitioner was filing his nomination before the Returning Officer for contesting the post of President through his application on 10.4.2014. The Returning Officer served a letter to the President on 12.4.2014 referring to the District Bar Association (Constitution and Registration) Rules 2009 (for short 'the Rules 2009') that disqualifies a person from contesting election to the post of office bearer of the Administration if he had not fulfilled 5 years of practice. The Returning Officer exhorted the President to secure the concurrence of the Bar Council to inform whether the Rules 2009 were applicable or not. The Bar Council, it appears, informed that Provision 9 of the Rules 2009, required atleast 5 years experience for the post of President of regular and active practice and atleast three years experience for the Secretary. There is a contention that Rules 2009 are not applicable to the petitioner and the petitioner would refer to the Constitution of the District Bar Association, Ludhiana which is a written instrument as governing the mutual rights of the members of the Association. I may not find that the question whether the petitioner could contest in the election to the post of a President or not is relevant issue in the present petition. It was merely an incident that culminated in the reference to his expulsion that gives a cause for filing the writ petition and to our benefit will be relevant notice regarding an urgent general meeting, the resolution passed and the procedures adopted for expulsion.
(3.) The notice of meeting was said to have been issued on 16.4.2014 at the Bar conference hall and was said to be pasted at the hall. Meeting was held at 3.00 p.m. and the same was presided over by the President. The relevant extract reads as under: - 1.Through voice note that Sh. Harjot Singh s/o Sham Singh enrolment No. P/785/2010 has been debarred from the Membership of District Bar Association, Ludhiana for the period of one year from today i.e. 16.4.2014 consequently. He shall not be able to exercise any right as Member of District Bar Association Ludhiana for the said period. 2. Resolved further that the above named Sh. Harjot Singh is debarred from any voting right or right to seek election to any office or District Bar Association, Ludhiana for a period of five years from today i.e. 16.4.2014.;