E-Paper
Model bye-laws: UP Bar Council panel clears the air
A SPECIAL committee of the Bar Council of Uttar Pradesh has clarified that the model bye-laws framed by it regarding the elections of Bar Associations across the State will come into force from the date they (the model bye-laws) are registered by the Registrar Societies and Chits, where the Bar Association concerned has been registered.
A SPECIAL committee of the Bar Council of Uttar Pradesh has clarified that the model bye-laws framed by it regarding the elections of Bar Associations across the State will come into force from the date they (the model bye-laws) are registered by the Registrar Societies and Chits, where the Bar Association concerned has been registered.
A special committee of the Bar Council, including its two members VK Singh and BK Srivastava made it clear that model bye-laws of the Bar Council will not come into effect automatically and immediately. For its applicability, the Bar Associations have to undergo necessary formalities.
Besides, it was clarified by the Committee that the meeting of the general body of the Bar Association will be convened at least a month before the expiry of the term of office-bearers of the Bar Association concerned and shall fix a date for election.
The special committee gave its decision in view of the fact that model bye-laws, framed by the Bar Council, are largely misunderstood and misinterpreted by some people in different Bar Associations.
The two members said that the model bye-laws were framed just to bring unity and harmony among the lawyers and also to check all- round deterioration in ethics and moral standards. But, some people were misinterpreting it, therefore, a clarification was a must, the Bar Council said.
To recall, the last election of the Civil Bar Association, Ballia, was validly held in May 2005 and all office-bearers were duly elected for a period of two years. But a group of lawyers, having come to know the model bye-laws framed by the Bar Council of UP, constituted a Panel of ‘Elderly Committee’ and initiated the process of fresh election, allegedly in pursuance of model bye laws of the Bar Council.
When the Bar Council received a complaint against the proposed election, the chairman constituted a special committee to hear both sides and take a decision in this regard.
The special committee gave its decision restraining the returning officer and the elder committee of Ballia from holding the election.
Elaborating its decision, the special committee said that model bye laws framed by Bar Council of UP will not apply retrospectively and will apply only in fresh elections, after the expiry of the term of the earlier elected body. “The intention of the model bye laws is not to render earlier valid elections invalid or ineffective, or in any manner to curtail the term of the office-bearers validly elected under the existing bye laws at the relevant time,” the Committee said.
