Delhi High Court Issues Summons in Ashok Arora’s Suit Challenging His Removal From the Post of Secretary, SCBA

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The Delhi High Court had issued a notice in a suit. It challenged the expulsion of Advocate Ashok Arora from the post of Secretary, Supreme Court Bar Association. (Ashok Arora vs SCBA & Anr)

Brief Facts of the Case

Earlier this year Adv. Ashok Arora called for an Emergent General Meeting during his period as Secretary of SCBA. The agenda point was to remove SCBA President Dushyant Dave from his position. This was on account of Dave’s alleged usage of his post for “political agenda” activity. On 8th May 2020 Arora communicated to the members of the SCBA about the suspension of EGM to further notice. On the same day, the Executive Council of the SCBA voted by the majority to remove Arora from the role of the Secretary with immediate effect.

In an intriguing way, the BCI halted the resolution passed by the authorized Executive Committee.

Contentions 

Adv. Arora requested that the May 8 resolution of SCBA’s Executive Council on his removal be set aside. He had alleged that his removal is void ab initio as it is ultra vires the Rules and Regulations of the Supreme Court Bar Association. Arora had further sought a decree of permanent injunction against SCBA. This was to restrain the Association and its office bearers from interfering in the functioning of acting officers. Arora had also prayed for a direction to put in place the BCI decision.

Court’s Decision 

A single Judge Bench of Justice Mukta Gupta had been setup. The hearing took place through Video Conferencing.

Senior Advocate Rakesh Tiku with Advocates Arun Batta & Neha Kumari stood for Arora. Sr Advocates Rajiv Nayar, Arvind Nigam along with Advocates Kartik Nayar, Rishi Agarwala defended SCBA. Advocates Rajdipa Behura, Preet Pal Singh, Saurabh Sharma represented BCI.

The Delhi High Court issued summons to the SCBA and BCI. It directed them to file their statement and reply in three weeks. The next hearing will take place on 6th August 2020.


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