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Patna High Court

Saroj Kumar, Advocate (in person)versusThe Bar Council of India

Decided
Disposal
DISPOSED

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
Patna High Court CWJC No.4393 of 2026(3) dt.26-03-2026
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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
Patna High Court CWJC No.4393 of 2026(3) dt.26-03-2026
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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
Patna High Court CWJC No.4393 of 2026(3) dt.26-03-2026
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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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