MADHYA PRADESH HIGH COURT ISSUES ORDER ON BAR ASSOCIATION SIDHI V/S STATE BAR COUNCIL OF MADHYA PRADESH AND OTHERS

JABALPUR, India, July 19 -- Madhya Pradesh High Court issued the following judgment/order on June 19:

1. All these petitions raise a legal question with regard to the role of the State Bar Council in the conduct of the elections by the respective Bar Associations as also the power of the State Bar Council to appoint adhoc committee to oversee and conduct the elections.

2. WP No.9914/2023 was filed by the Bar Association, Sidhi impugning a decision of the State Bar Council dated 24.04.2023 when it had appointed an adhoc committee for conduct of the State Bar Association for the period 2023-2025. An interim order was passed on 01.05.2025 staying the resolution of the State Bar Council and pursuant thereto election was held. We are informed that terms of the executives appointed for the term 2023-2025 is already over on 12.05.2025.

3. WP No.13784/2025 and WP No.18312/2025 pertain to a similar resolution passed by the State Bar Council appointing a committee to conduct the elections for the term 2025-2027. Since Writ Petition No.9914/2023 was filed in respect of the election to be held for the term 2023-2025 and the election was held pursuant to an interim order and the term of the committee is already over. We are of the view that nothing survives in the said petition, the petition is accordingly disposed of leaving the question of law raised open.

4. In WP No.13784/2025 Bar Association impugns orders dated 10.04.2025 and 11.04.2025 whereby inter-alia State Bar Council appointed an appeal committee and appeal committee issued certain directions for conduct of the election of the Bar Association. By order dated 21.04.2025, a coordinate bench of this Court stayed the directions issued by the State Bar Council as well as the appeal committee. The term of the Executive Committee is over, there is no quarrel with the proposition that elections of the new committee have to be undertaken. Only question that arises is as to the powers of the State Bar Council to appoint a committee to oversee election of the Bar Association. In WP No. 18312/2025, Bar Association impugns order dated 27.04.2025 of the Appeal Committee whereby certain directions were issued with regard to the conduct of the election.

5. The other question that arises is factual with regard to an intervention application filed by a Member of the Bar Association who contends that the electoral roll has not been correctly prepared and objections raised by the members to the electoral roll have not been correctly disposed of.

6. With a view to find out an amicable solution to the issues arising and to ensure that fair and transparent election of the Bar Association is held, we directed the erstwhile executive committee of the Bar Association, the State Bar Council as well as the intervenor to give certain suggestions. The President and the Secretary of the State Bar Association are personally present.

*Rest of the document can be viewed at: (https://mphc.gov.in/upload/jabalpur/MPHCJB/2023/WP/9914/WP_9914_2023_FinalOrder_19-06-2025.pdf)

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