JAMMU, jan. 09: In a petition filed by Adv KK Pangotra seeking direction for holding fresh and fair election of Jammu & Kashmir High Court Bar Association under the Presidum to be constituted for the purpose and also seeking direction to constitute Presidum /Court Commissioner to look after the affairs of the J&K High Court Bar Association Jammu till fresh elections of the J&K High Court Bar Association Jammu are held and new Office bearers take control of the High Court Bar Association Jammu.
Vacation Judge of J&K High Court Jammu Wing Justice Sanjay Gupta after hearing Sr. Adv Sunil Sethi and Adv Shah Mohd Choudhary appearing for the petitioner issued notice in the petition.
In the petition it has been submitted that petitioner is practicing lawyer with 40 years standing at the Bar and is an active member of the J&K High Court Bar Association Jammu and is aggrieved the action of the official respondents in giving illegal recognition to the private respondents as office bearers of J&K High Court Bar Association, Jammu, beyond their term because of the act of cheating and illegality being committed by the private respondents is getting perpetuated.
It is further submitted that the elections of the J&K High Court Bar Association, Jammu is held as per the provisions of the Constitution of J&K High Court Bar Association, Jammu and the Constitution of the J&K High Court Bar Association, Jammu provides for election to various posts of office bearers every year. However, a decision was taken by the General House of the J&K High Court Bar Association, Jammu (hereinafter referred to as JKHCBAJ) in the year 2008 to convert to two years tenure instead of one year and as such the elections were held for a period of two years. 5. That in the year 2017, it was again decided by the general house of JKHCBAJ in the year 2017 that the tenure of the office bearers of the JKHCBAJ shall be one year and, as such, the last elections were held in April, 2017 by the JKHCBAJ to be of one year tenure.
That in the election so held, private respondents were got elected as office bearers and assumed the charge of their positions on 19th April, 2017 and their term of office was to expire on 17th April, 2018. As per the Constitution of the JKHCBAJ one month before the said date, the existing office bearers i.e. private respondents had to initiate the process of election by issuing election notification. However, the private respondents did not do the same, but instead after the date of their tenure was over, they took the JKHCBAJ to agitation of Rasana, Rohingiyas and Forest order issues with the sole motive of not holding the elections and to continue in office of JKHCBAJ in default because of said agitations.