Sujit Narayan Prasad,J. - (1.) Learned senior counsel for the petitioner is submitting rejoinder to the counter affidavit which is being kept on record.
(2.) Mr. M.S Mittal, learned senior counsel appearing for the petitioner at the outset, has submitted that at present here surviving relief is only at paragraph 1(d) and 1(e) of the prayer, which is for issuance of writ of certiorari for quashing the order as contained in letter being reference no.1699/2019 dated 20.05.2019 by which the petitioner, who are members of the advocate association, has been directed to give up their membership in District Bar Association, Jamshedpur or in any other association for getting affiliation of the petitioner Association by the respondent no.1. The prayer made at paragraph 1(e) pertains to quashing of the letter contained in letter no.4001/2019 dated 16.08.2019 by which the decision taken by the respondent no.1 as on 20.05.2019 has been reiterated and reconfirmed the compulsion on the member of the petitioner Association to leave their membership in other Association.
(3.) It is the case of the petitioner that the Association of the lawyers who are practicing in the Commercial Sale Tax has constituted an Association and has made an application for getting affiliation under the relevant rule i.e. under the Bihar State Advocates' Welfare Fund Act, 1983 and the Model for Advocate Bar Association within the State of Jharkhand framed by the Jharkhand State Bar Council. The affiliation has been granted but provisionally, subject to certain conditions i.e. declaration is to be given by the Association about the members of the Association to the effect that none of the members of the petitioners' Association is member of the other Association. The said part of the order has been questioned by the petitioner, inter alia, on the ground that the Jharkhand State Bar Council being statutory body is supposed to follow the statute and only Model Rule of provision as has been made under Rule 58, whereby and whereunder no such embargo has been made restraining the other members of the Association to be member of the other Association but contrary to the aforesaid provision the provisional affiliation although has been made with the rider that the members of one Association will not be members of the other Association.;