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High CourtsDivision Bench(2022) 07 UK CK 0127

Arjun Singh Bhandari vs Bar Council Of Uttarakhand And Another

Uttarakhand High Court · Decided on 25 July 2022

HON’BLE JUDGES
Vipin Sanghi, CJ · R.C. Khulbe, J
RESULT
Disposed Of
CASE NUMBER
Special Appeal No. 231 Of 2022

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Judgment

11 paragraphs · 330 words

Vipin Sanghi, CJ

1.

There is delay of forty days in filing the present Special.

2.

Mr. Piyush Garg, the learned counsel for the respondents, does not oppose the Application seeking condonation of forty days’ delay in filing the present Appeal.

3.

Hence, for the reasons stated in Affidavit filed along with the Application for condondation of delay, the delay of forty days in filing the present Special Appeal is condoned. Accordingly, the Application for condonation of delay (IA No. 1 of 2022) stands disposed of.

4.

The present Appeal is directed against the order dated 09.05.2022, passed in WPMS No. 964 of 2022.

5.

The learned Single Judge dismissed the said writ petition preferred by the appellant-who is a Member of the Disciplinary Committee, constituted under Section 9(1) of the Advocates Act, 1961 for conducting disciplinary proceedings against Members of the Bar.

6.

The grievance, raised by the petitioner, was in relation to withdrawal of Case No. 16 of 2021, Nirdesh Khandelwal Vs. Vidhor Tirkha, from the Disciplinary Committee, of which the appellant was a Member, by the Chairman of the State Bar Council.

7.

The learned Single Judge dismissed the writ petition holding that the petitioner had no vested right, as a Member of the Disciplinary Authority, to raise a grievance with regard to withdrawal of cases from the said Committee.

8.

Mr. Piyush Garg, the learned counsel for the respondents, who appears on advance notice, states that the Chairman, Bar Council of Uttarakhand, has reallocated the cases withdrawn from the Disciplinary Committees vide order dated 16.07.2022, a copy whereof has been tendered to the learned counsel for the appellant, as also, to the Court.

9.

In the light of the aforesaid development, nothing further survives in the present Appeal. We, however, make it clear that the impugned judgment shall not be considered as a binding precedent, and the question, decided by the learned Single Judge, is left open.

10.

The present Special Appeal stands disposed of accordingly.