Patna High Court
Saroj Kumar, Advocate (in person)versusThe Bar Council of India
- Decided
- Disposal
- DISPOSED
- Bench
- AJIT KUMAR
Holding
The Court held that, having reached an amicable settlement reducing the nomination fees to 25%, there was no longer any issue for adjudication and the writ petition was disposed.
Summary
The petitioner, a practicing advocate, challenged the election notice of the Advocates' Association that imposed exorbitant nomination fees for the upcoming elections, alleging violation of the Bihar Council Rules, 1962 and constitutional guarantees of equality and liberty. He argued that the fees, raised to Rs. 25,000 for President and Rs. 20,000 for Secretary General, were arbitrary and discriminatory compared to the prior range of Rs. 500‑1,000. The Court directed the parties to propose a reduced fee structure, after which the Bihar State Bar Council and the Association agreed to cut the fees by 50%, and subsequently the parties consented to a further reduction to 25% of the original amount. The parties executed a Memorandum of Understanding confirming the 25% fee and agreeing not to contest the matter in any forum. Observing that the dispute was amicably settled, the Court held that there was nothing left for adjudication and ordered the amended fee to be notified, also directing the Returning Officer to regulate campaign handbills. Consequently, the writ petition was disposed.
Issues considered
- Whether the increase in nomination fees for the Advocates' Association elections violates the Uniform Rules for Bar/Advocates' Association of Bihar and Articles 14, 19 and 21 of the Constitution.
- Whether the High Court can, under its writ jurisdiction, direct a reduction in the nomination fees to ensure compliance with the Rules and constitutional principles.
- Whether the settlement reached between the parties, reducing the fees to 25%, is binding and precludes further litigation.
Subjects
- Nomination fee
- Bar Council
- Association election
- Article 14
- Article 19
- Article 21
- Writ jurisdiction
- Settlement
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4393 of 2026
======================================================
Saroj Kumar, Advocate (in person) Son of Late Bashishth Singh, R/o- Ganga
Gate no. 28, Ward no. 22, Muhalla- Rajanpur, P.S. - Shree Krishna Puri, Dist.
- Patna, Practicing Advocate of Patna High Court and member Advocates
Association P.H.C.
... ... Petitioner/s
Versus
1. The Bar Council of India through its Chairman.
2. The Chairman, Bar Council of India, Rouse Avenue Institutional Area, Near
Bal Bhawan, New Delhi.
3. The State Bar Council, Patna through its Chairman.
4. The Chairman, Bihar State Bar Council, Bar Council Bhawan, Patna High
Court, Patna.
5. The Advocates Association, Patna High Court through its Returning officer.
6. The Returning Officer, Advocates Association, Patna High Court, Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Saroj Kumar (In Person)
Mr. Dharm Nath Pd. Yadav, Advocate
For the Respondent/s : Mr. Ramakant Sharma, Sr. Advocate
Mr. Anjani Kumar, Sr. Advocate
Mr. Shailendra Kumar Singh, Advocate
For the Secretary General: Mr. Jai Shankar Pd. Singh, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
3 26-03-2026 Heard Mr. Saroj Kumar (in person) for the
petitioner, duly assisted by Mr. Dharm Nath Pd. Yadav,
learned counsel; Mr. Ramakant Sharma, learned Senior
Counsel for respondent nos. 3 and 4, duly assisted by Mr.
Bipin Kumar; Mr. Shailendra Kumar Singh, learned counsel
for respondent no. 5; Mr. Anjani Kumar, learned Senior
Counsel for respondent no. 6; and Mr. Jai Shankar Pd. Singh,
Secretary General, Bihar State Bar Council, in the presence of
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a battery of lawyers from the Advocates’ Association.
2. The petitioner is a practicing advocate of this
Hon'ble Court since 2002 and a permanent resident of Bihar
who seeks to invoke the Court's writ jurisdiction regarding the
upcoming association elections. Having previously contested for
the post of General Secretary, the petitioner is directly affected
by the election notice issued on March 17, 2026, (Annexure P/1)
which scheduled the vote for April 17, 2026. This notice
revealed that respondents No. 5 and 6 fixed exorbitant
nomination fees, such as Rs. 25,000 for President and Rs.
20,000 for Secretary General, which is a massive departure from
the reasonable Rs. 500–1,000 range seen in the 2023–2025
elections. Disturbed by this, the petitioner submitted
representations on March 18, 2026, (Annexure P/2) urging a
reduction, so that, average advocates would not be discouraged
from contesting, yet, the respondents have continued to act in an
arbitrary manner. These actions stand in direct violation of the
Bihar Council Rules, 1962 "Uniform Rules for Bar/Advocates' /
Lawyers' Association of Bihar" (Amendment 2017), which
explicitly prescribe lower, affordable rates for all posts under
Para 19 (xiv). The petitioner asserts that this fee hike serves no
purpose other than promoting corruption and creating elitist
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class, which violates the principles of equity and Article 14, 19
and 21 of the Constitution of India.
3. Learned Counsel for the Petitioner emphasised
upon Para 6, 7 and 8 of the writ petition to buttress his
submissions, which is reproduced hereunder:
“ 6. That the petitioner asserts and states
that the respondents are acting in a thoroughly
arbitrary manner. During the last elections (2023-
2025) the nomination fee was in the range of Rs.
500-1000/-. In other words, the nomination fee
during the previous elections was reasonable and
affordable for the advocates in general. The
exorbitant increase in the nomination fee serves no
useful purpose except promoting corruption in the
running of the Association.
7. That it is submitted that there is a
Uniform Rules For Bar/Advocates' / Lawyers'
Association of Bihar, amended till 2017 prescribes
para 19(iii) regarding power of Returning Officer
and Para 19(xiv) provides rate of nomination fees
for each post. For the ready reference para 19 of
the Rules is coated here:-
19. (i) The Election of the office
bearer of the Association be held on the date
fixed under the Rules. The General
Secretary/Secretary shall convene the annual
general meeting in the month of February to
consider the election matter before
completion of the term of the office on 15th
of April of the year.
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(ii) The returning officer shall be
appointed in the Annual General meeting by the
General Body.
(iii) The returning officer shall publish
the programme of the election of the Office
bearers.
(iv) The election shall be conducted by
secret ballot, as and when occasion arises,
provided; there shall be no voting in the event of
unanimous election.
(v) The practicing member, whose name
appears on the roll of Association shall be eligible
to be entered in voter list.
(vi) Any kind of election-dispute
including the entry and omission of the name in the
voter list shall be decided by a three members
committee. This committee shall be constituted by
the Association in Annual General Meeting in
which the resolution to hold the election is
adopted. The members of the Committee shall be
from those advocates having a practice of 25 years
and above in District Bar Association and 10 years
and above in Sub-Divisional Bar Associations
and/or Senior Advocate subject to relaxation under
Rule 13(A).
The General Secretary of the Association shall
supply the general register of Advocates on roll to
the Returning Officer within a week of the
appointment by the General Body. The Returning
Officer shall prepare a preliminary voter list in
accordance with the names appearing on the
general register of the Bar Association, The
Returning officer objections, if any and decide the
same expeditiously preferably within three days.
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The objection may be filed within 7 days of the
publication of preliminary voter list.
(vii) Any member aggrieved by the
decision of Returning Officer in relation daye of its
decision or publication of voters list by filing a
petition to the to the entries of names in the voter
list may challenge within seven three men
committee. The committee shall decide the matter
without any delay preferably before the filing of
nomination. Such person shall be eligible to
participate in the election including to contest.
(viii) A final voters list shall be published
fifteen days prior to the date fixed for election. The
Returning Officer shall get a preliminary voters list
published and shall call, for objection within a
reasonable time. The final list shall be published
after disposal of objection, if any. The parties and
objector shall be heard before deciding the
complaint objections as laid down in Rule (vi)
below."
(ix) The name of the candidate shall be
nominated by two persons who name appear in the
voters list.
(x) The Election dispute will be raised
before the Bar Council.
(xi) The aggrieved party may file
application within 30 days of the election before
the Bar Council.
(xii) The Bar Council shall dispose of the
appeal within two months.
(xiii) The fee for filing election petition is
prescribed as Rs. 2000/-(Rs. two thousand)
(xiv) The nomination fee will be as
follows:-
:-President Rs. 1,000.00
:-General Secretary/Secretary Rs.
1,000.00
:-Treasurer, Assistant Secretary
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and Joint Secretary Rs. 500.00
:-Executive Member Rs. 250.00
8. That the impugned decision of the respondent is in
violation of the norms of the Bar Council issued from time to
time.”
4. This Court vide order dated 25.03.2026 directed the
formation of a committee to deliberate upon the fee structure for
the upcoming elections, which has been notified through the
notice dated 17.03.2026 (Annexure P/1). In compliance with
this directive and following consultations with the Advocates’
Association, the respondent through counter affidavit on behalf
of Bihar State Bar Council, Patna has submitted a proposal to
reduce the previously announced nomination fees by 50%. This
reduction is intended to balance the administrative needs of the
association with the financial accessibility required for all
members to contest. The relevant portion of the affidavit filed
by the Bihar State Bar Council is reproduced hereunder:-
“3. That pursuant to the Hon'ble Court's
order passed on 25.03.2026 (i) The Chairman,
Bihar State Bar Council, (ii) Returning Officer, of
ensuing election 2026 (Mr. Anjani Kumar) (iii)
President Advocate Association (Mr. Shailendra
Kumar Singh), (iv) Secretary, Advocate Association
(Mr. Jay Shankar Prasad Singh), all sat together
and elaborately discussed the situation keeping in
view the direction of the Hon'ble Court. After due
deliberation aforesaid persons arrived at
unanimous view that to meet the expenses to be
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borne out by the Advocate Associations' and to
lessen the burden on the intending contestant of
different posts and the contention raised by the writ
petitioner that Advocate Associations' being the
biggest Association of the Hon'ble High Court has
no paucity of fund. But the facts remains that by
efflux of time the expenditure for holding election
has gone high in comparison to the earlier election
cost. that a part the fund of the Association is
meant for welfare of the Members of the
Association and to meet day-to-day expenses and
the library expenses and that fund ought not be
utilized for the election purposes. Considering the
above all situation keeping in view the judgment of
the Apex Court which was brought to the kind
notice of the Hon'ble High Court it has been
decided unanimously nomination fee as has been
decided by the R.O. and that the approved by the
Bihar State Bar Council, Patna High Court, Patna
& to keep harmony among the members and
contesting candidates and members of the
Association in general, the fee approved by the Bar
Council, is reduced to half for each posts.”
5. On the other hand, supplementary affidavit on
behalf of the petitioner has also been filed, where the petitioner
has taken a stand that the consensual proposal coming from the
members of the Bar and the direction issued by this Bench
would be acceptable to the petitioner. The relevant portion of the
supplementary affidavit is reproduced as under:-
“7. That in the interest of members
and office bearers of the Advocates'
Association it is submitted that the
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Association is group of deprived advocates
of common class and such abrupt increase of
non refundable nomination fee 25 times
higher than previous election would prevent
a worthy candidate from filing nomination
due to his economic constraint and such a
situation is neither in the interest of
Advocate Community in as much as the
Advocate Community may have been
deprived of service of a dedicated office
bearer nor is it in tune with Article 14 of the
Constitution of India. This apart in the
opinion of General Advocates consulting to
the petitioner increase in the nomination fee
may be commensurate with inflation, but an
increase in the nomination fee can't be made
with a view to meet luxury of election
process and for collection of total
expenditure of election at one stroke.
8. That at the outset it is stated
that whatever consensus proposal comes
from the members of Bar and the Hon'ble
bench shall be acceptable to the petitioner.”
6. It is relevant to state that during the course of
hearing today i.e. 26.03.2026, this Court noticed that the
proposal brought by the Chairman, Bihar State Bar Council, for
consideration of this Court, with regard to slashing down of
enhanced nomination fee by 50%, the present office bearers,
including the prospective candidates were not agreeable to such
reduction and were insisting for further more reductions, which
on consensus being arrived between them, it has accordingly
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been agreed that the present proposed nomination fee should be
reduced to 25%, as it figured in Annexure P/1.
7. At the request of the parties for resolving the issues
at hand amicably, the matter was adjourned and directed to be
fixed at 01:00 P.M. today. Pursuant thereto, a supplementary
affidavit on behalf of the petitioner has been filed, wherein a
consensusal proposal with the present Office Bearer, and
Chairman of Bihar State Bar Council, have been brought to the
notice of this Court, wherein, the reduction to 25% of the
present nomination fee as proposed by the office bearers of the
Bihar State Bar Council and Returning Officer appointed for
conducting election of Advocates’ Association has uniformly
been accepted by the members of Advocates’ Association, which
have been placed on record through supplementary affidavit,
appending with the Memorandum of Understanding
respectively, which are reproduced hereunder:
“2. That this affidavit is being filed in light of
observation made by the Hon'ble Court vide order dated
26.03.2026, wherein Hon'ble Court pleased to ask proposal
from the parties in regard to nomination fee for the different
post for office bearers of Advocates' Association P.H.C and in
course of hearing all the parties with consent of members of
Advocates' Association and present office bearers and
Returning Officer and The Chairman of Bihar State Bar
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Council it has been accepted by all of the parties that the
present nomination fees shall be reduced to 25% as of it was
figured in Annexure-P/1.
A copy of consent of members dated 26.03.2026 is
annexed herewith as Annexure-P/3.
3. That it is also submitted that no appeal shall be
filed against the order passed today in the CWJC no 4393/2026
before this Hon'ble Court or any other Court or forum by this
petitioner.”
Memorandum of Understanding
“Today during the course of hearing of C.W.J.C No.
4393/2026 filed by the Petitioner (Saroj Kumar), Adv. In the
court of Hon'ble Mr. justice Ajit Kumar an amicable settlement
was made amongst the President, Secretary General
representing the Association Patna High Court, and Returning
Officer Advocates' Sri Anjani Kumar, Sr. Adv. Hon'ble
Chairman Bihar State Bar Council Sri Ramakant Sharma and
the petitioner (Saroj Kumar) whereby it was mutually agreed
that the prescribed fee for purchasing the nomination papers for
different posts for the Election of the Advocates' Association
scheduled to be held on 17.04. 2026 shall be reduced to 25%,
each of the respective post.
It was also mutually agreed amongst the parties
concerned that none of the parties will challenge the same
before any forum of Law in this regard.”
8. It is worth to note that the MoU is duly Signed by
Chairman, Bihar State Bar Council, Returning Officer, Secretary
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General Advocates’ Association and President Advocates’
Association.
9. In view of the above, since the issues have
amicably been settled and general consensus have been arrived
between office bearers of the Advocates’ Association and as also
the Bihar State Bar Council. Therefore, in the considered
opinion of this Court, nothing survives for adjudication in the
instant writ application.
10. Accordingly, the Chairman, Bihar State Bar
Council is required to get the amended/ modified nomination
fee in respect of all the posts which is referred in the Annexure-
P/1 as per the MoU dated 26.03.2026, for ensuing elections, be
notified through the competent body/ person for ensuring fair
election by the Returning Officer, who has been authorized to
discharge the function of free and fair election under the control
of Executive Committee of Bihar State Bar Council, who acts as
the Election Commission in such event.
11. With regard to a very serious issue raised by one
of the member of Advocates’ Association through
supplementary affidavit, restraining the candidates for use of
handbills/pamphlets during campaign, it is expected that the
Returning Officer shall take note of such issue and would
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appropriately limit the use and distribution of handbills/
pamphlets being pasted on the walls of Patna High Court, which
destroys the conditions of the buildings and as also affects the
working of the Advocates, apart from such use of paper being a
threat to the environment.
12. In the result, the instant writ application stands
disposed of with the aforesaid observations and directions.
(Ajit Kumar, J)
shikha/-
U
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