Patna High Court

Rajesh KumarversusThe State of Bihar

Decided: 22 January 2026
Disposal: DISPOSED
Bench: HARISH KUMAR

Holding

The Bihar State Bar Council must conduct the election of the Lakhisarai District Bar Association within 45 days of the order.

Summary

The petitioners, a group of advocates, filed a writ petition challenging the Bihar State Bar Council’s refusal to hold elections for the Lakhisarai District Bar Association after the term of the previous committee expired on 16 April 2025. They alleged that the Council’s orders, including a show‑cause notice and a resolution restraining the election, violated Rule 15 of the Uniform Rules, which mandates that the Council act as election commission and conduct elections within three months of term expiry. The Council contended that the petitioners illegally formed an ad‑hoc committee and that under Rule 32 and 32‑A its decisions are binding. The High Court examined whether the Council was duty‑bound to organise the election and whether the ad‑hoc committee had any legal standing. Finding that both parties intended to hold the election and that the Council, as per the Model Rules, must act as the election commission, the Court directed the Bihar State Bar Council to conduct the election within 45 days. The writ petition was disposed.

Issues considered

Whether the Bihar State Bar Council is obligated under the Uniform Rules to conduct elections for a District Bar Association within the prescribed period after the term of the incumbent committee expires
Whether the ad‑hoc committee constituted by the petitioners has any legal authority to hold elections
Whether the High Court can issue a direction compelling the Bar Council to hold the election
Validity of the show‑cause notice and the restraining order issued by the Bar Council

Subjects

Bar Council
District Bar Association election
Uniform Rules for Bar/Advocates/Lawyers Association of Bihar
ad‑hoc committee
writ petition
election commission
legal standing

Judgment

IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1062 of 2026
======================================================
1. Rajesh Kumar S/o- Ravindra Singh, R/o- Village- Rampur, P.S- Suryagarha,
Dist.- Lakhisarai.
2. Dayanand Mishra, S/o Late Shobha Kant Mishra, R/o- Village- Losghani,
P.S.- Suryagarha, Dist- Lakhisarai.
3. Amarnath @ Amarnath Singh @ Ram Shankar Babu, S/o- Siyaram Prasad
Singh, R/o- Village- Barhiya (Ward No.-3), P.S.- Lakhisarai, Dist-
Lakhisarai.
4. Kumar Vikash Chandra @ Vikash Chandra, S/o- Satish Kumar Pandey, R/o-
Village- Balgudar, P.S- Lakhisarai, Dist.- Lakhisarai.
5. Md. Alam Raza, S/o- Late Aminuddin, R/o- Mohalla- Ward No.-2, Purani
Bazar (Lakhisarai), P.S- Lakhisarai, Dist.- Lakhisarai.
6. Ravi Vilochan Verma @ Ravi Lochan Verma, S/o- Lakhan Lal Verma, R/o-
Village- Vrindavan, P.S. Lakhisarai, Dist- Lakhisarai.
7. Pradip Kumar Verma @ Pradip Verma, S/o- Madhav Mohan Verma, R/o-
Village- Mahila Vidhya Mandir, Naya Tola, Purani Bazar (Ward No.-12),
P.S.- Lakhisarai, Dist- Lakhisarai.
8. Gayanchandra Arya, S/o- Ramji Prasad, R/o- Village- 108, Naya Bazar,
Pachana Road, Munshipal Area, P.S- Lakhisarai, Dist.- Lakhisarai.

... ... Petitioner/s
Versus
1. The State of Bihar through the Law Secretary, Dept. of Law, Patna (Bihar).
2. The Law Secretary, Dept. of Law, Patna (Bihar).
3. The Bar Council of India, through its Secretary, 21 Rouse Avenue
Institutional Area, Near Bal Bhawan, New Delhi-110002.
4. The Bihar State Bar Council, through its Secretary Bihar State Bar Council
Bhawan, Patna.
5. The Chairman, Bihar State Bar Council, Bihar State Bar Council Bhawan,
Patna.
6. The Secretary, Bihar State Bar Council, Bihar State Bar Council Bhawan,
Patna.
7. Shambhu Sharan Singh, S/o- Late Rajeshwar Singh, In Capacity of Ex-
President, Bar Association Lakhisarai, R/o- Village- Lodiya, P.S. and Dist-
Lakhisarai.
8. Subodh Kumar, S/o- Sita Ram Arya, In Capacity of Ex-Secretary, Bar
Association Lakhisarai, R/o- Village- Urain, P.S- Kajra, Dist.-Lakhisarai.

... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amit Srivastava, Sr. Adv.
Mr. Onkar Nath, Adv.
Mr. Ram Vinay Pd. Singh, Adv.
Patna High Court CWJC No.1062 of 2026 dt.22-01-2026
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For the Bar Council : Mr. Bipin Kumar, Adv.
Mr. Ravi, Adv.
For the Respondent/s : Mr. Sita Ram Yadav, GP-16
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL JUDGMENT
Date : 22-01-2026

Heard Mr. Amit Srivastava, learned Senior Advocate

assisted by Mr. Onkar Nath, learned Advocate for the

petitioners, Mr. Bipin Kumar, learned Advocate for the Bihar

State Bar Council and the learned Advocate for the State.

2. The petitioners voiced a concern and grievance

pertaining to inaction of the Bihar State Bar Council in not

allowing to hold the election of District Bar Association,

Lakhisara. Challenge has been made to an order dated

04.01.2026 as contained in Ref:- 18 to 24/2026, whereby the

Bihar State Bar Council resolve to restrain forthwith to begin

with the election process of District Bar Association, Lakhisarai

which was commenced in pursuance to General Body Meeting

dated 11.12.2025.

3. The petitioners have also challenged the show-

cause notice dated 09.12.2025, whereby the petitioners have

been directed to furnish show-cause within fortnight; besides the

order dated 15.12.2025, whereby the Three Member Committee

of the respondents were directed to resolve the ongoing

stalement/hindrance in the Lakhisarai Bar Association.
Patna High Court CWJC No.1062 of 2026 dt.22-01-2026
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4. Learned Senior Advocate representing the

petitioners has taken this Court through various averments made

in the writ petition and submitted that last election of District

Bar Association was held on 16.10.2023 but unfortunately, the

elected Committee began to act in contrary to the by laws and

rules. Notwithstanding the expiry of the terms of Committee, no

action was taken to conduct election of District Bar Association,

which caused serious resentment amongst the members. Rule 15

of the Uniform Rules For Bar/Advocates/Lawyers Association

of Bihar mandates that the terms of the office bearers and the

members of the Executive Committee, shall be only for two

years from the date of election, which shall be counted from 16 th

April of the year. After expiration of the terms, the Executive

Committee shall cease to function and the Election Commission

of the Bihar State Bar Council shall take steps to hold the

election within a period of three months. The term of the

previous elected Committee has ceased on 16.04.2025 itself, but

till date the fresh election could not be held, compelling the

petitioners to constitute an ad hoc committee and start the

process of election.

5. Referring to the resolution dated 12.11.2025, the

copy of which is marked as Annexure-P/2, it is submitted that
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on 12.11.2025 itself, the Bar Council deliberated upon the issue

and observed that the dispute of affairs continuing in the

association is very unfortunate and as a last chance, the Council

resolves to grant 30 days time to the Association for calling

General Body meeting for election of Returning Officer and

Three Men Committee for holding election of the Association.

Despite the aforesaid deliberation taken by the Bihar State Bar

Council, the members thereof by one reason or other have not

been allowing the election to be conducted and, as such, the

General Body Association of Lakhisarai Bar Association has

fixed the date of election to be held on 24.01.2026, in terms

with the general notice dated 18.12.2025, the copy of which is

placed on record as Annexure-P/10.

6. Narrating the aforesaid State of affairs and concern

of the members of the Bar Association, learned Senior Advocate

concluded that more than three months have been lapsed after

expiry of the period of the terms of the office bearer, till date,

the election could not be held. The petitioners before this Court

are only intended to get a new elected Committee after proper

election but the Bihar State Bar Council has caused hindrances.

Hence the present writ petition.

7. Mr. Bipin Kumar, learned Advocate for the Bihar
Patna High Court CWJC No.1062 of 2026 dt.22-01-2026
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State Bar Council vehemently refuted all the contentions of the

petitioners and submitted that the petitioners have taken the law

into their hand and illegaly constituted an ad hoc committee,

who has no legal status. Referring to Rule 32 of the Uniform

Rules For Bar/Advocates/Lawyers Association of Bihar it is

contended that the decision of the Bar Council shall be binding

on all the Association and lawyer of the State of Bihar. Further it

is the Executive Committee of Bihar State Bar Council, which

will act as Election Commission and will have all powers to get

the election conducted in all affiliated Bar/Advocates/Lawyers

Association including change of Returning Officer, stay of

counting, stay of election result, anul the election and cancel the

result, in terms with Rule 32-A.

8. It is further submitted that taking note of certain

irregularities and the high handedness on the part of the so-

called General Body Members of the Lakhisarai Bar

Association, a Three Member Committee was constituted after

proper deliberation, it has been resolved that the Committee

nominated by the Bihar State Bar Council shall apprise the

matter and thereafter, the process of election of association shall

be taken.

9. The Three Member Committee informed that a
Patna High Court CWJC No.1062 of 2026 dt.22-01-2026
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sorry state of affairs was going on in the District Bar

Association, Lakhisarai and the petitioners by constituting an

illegal ad hoc committee started process of election beyond their

powers contrary to model rules, this led to issuance of the

impugned order dated 04.01.2026.

10. Having heard the parties, prima facie, this Court is

of the opinion that one thing which is apparent is that both the

parties are intended to hold the election but on account of some

interference made by the self created ad-hoc Committee of the

District Bar Association, Lakhisarai, now some obstruction is

being caused to conduct the election. However, the petitioners

have unanimously submitted that they will not cause any

impediment, if the Bihar State Bar Council is bonafidely

interested to hold the election, which is the dire need of the

present situation.

11. Considering the submissions advanced and taking

note of the facts that parties are intended to hold election and

elect the office bearers, as the term of the office bearer have

already come to an end on 16.10.2025; and the mandate of the

Modal Rules clearly require that the Executive Committee of

the Bihar State Bar Council will act as an Election

Commission and will have all the powers to get the election
Patna High Court CWJC No.1062 of 2026 dt.22-01-2026
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conducted in all the affiliated Bar/Advocates/Lawyers

Association, this Court directs the Bihar State Bar Council to

conduct the election of the District Bar Association, Lakhisarai

by following all the due process within a period of 45 days, in

accordance with law, from the date of pronouncement of the

order.

12. The writ petition stands disposed off.

(Harish Kumar, J)
shivank/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 27.01.2026
Transmission Date NA

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