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Allahabad High Court

RAKESH KUMARversusSTATE OF U.P. AND 2 OTHERS

Decided

Holding

The writ petition is dismissed as withdrawn, with liberty to file a fresh petition after the election results are declared.

Summary

The petitioner, Rakesk Kumar, filed a writ petition before the Allahabad High Court. The petition concerned a matter that was pending the outcome of the Bar Council of India election, which was expected to conclude in about six months. Respondent No.2, through counsel, informed the Court that the petition should be considered only after the election results were declared. The petitioner did not contest this and requested permission to withdraw the petition, reserving the right to file a fresh petition after the election results. Accordingly, the Court dismissed the writ petition as withdrawn, granting liberty to the petitioner to file a fresh petition thereafter.

Issues considered

  • What is the appropriate procedural step for a writ petition pending the outcome of the Bar Council of India election?

Subjects

  • Writ petition
  • Bar Council of India election
  • Withdrawal of petition
  • Civil Procedure

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                            WRIT - C No. - 4226 of 2026

                                    Rakesh Kumar
                                                                                                .....Petitioner(s)
                                                                       Versus

                                    State Of U.P. And 2 Others
                                                                                              .....Respondent(s)

                                    Counsel for Petitioner(s)            :   Anil Kumar Pal
                                    Counsel for Respondent(s)            :   Ashok Kumar Tiwari, C.S.C.

                                    Court No. - 4
                                                       HON'BLE NEERAJ TIWARI, J.
                                                       HON'BLE GARIMA PRASHAD, J.

                                    1. Heard learned counsel for the petitioner, learned Standing Counsel for
                                    the State-respondents and Sri Ashok Kumar Tiwari, learned counsel for
                                    the respondent nos.2

                                    2. Sri Ashok Kumar Tiwari, learned counsel for the respondent nos.2
                                    informed that counting of Election of Bar Council of India is going on
                                    and likely to be end around 6 months, therefore, compliant of petitioner
                                    shall be considered after declaration of result of Bar Council of India.

                                    3. Learned counsel for the petitioner could not dispute the aforesaid facts
                                    and submitted that he may be permitted to withdraw this petition with
                                    liberty to file fresh petition after declaration of result of Election of Bar
                                    Council of India.

                                    4. Accordingly, the writ petition is dismissed as withdrawn with the
                                    aforesaid liberty.



                                                                     (Garima Prashad,J.) (Neeraj Tiwari,J.)
                                    March 19, 2026
                                    Junaid




Digitally signed by :-
JUNAID AHMAD
High Court of Judicature at Allahabad


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