MP HC To Debar Members/Office Bearers Of Bar Council/Assns From Appearing Before Courts In Case They Give Strike Calls [Read Order]
Live Law"The litigant has a right to get justice. If the call for abstaining from work is given by the State Bar Council If the State Bar Council gives call to the members/advocates enrolled with it to abstain from the court work, without the consent of the Chief Justice even for a day, the office bearers of the State Bar Council will be debarred to appear before any court for one month or till such time the office bearers direct resumption of court work; If the decision is taken to strike or to abstain from work within one year of an earlier decision, leading to debarment of the office bearers to appear in court, then the State Bar Council itself shall stand suspended from the day of call of strike or decision to abstain from work by whatever name called. If call for abstaining from work is given by HC/District Court Bar Association If the call for abstaining from work is given by any High Court Bar Association or District Court Bar Association, the State Bar Council shall intervene and forthwith declare such strike as illegal unless such strike has been resorted to in consultation with the Chief Justice and/or the district judge, as the case may be; As a consequence of declaring the action of the Bar Association as illegal, the State Bar Council shall appoint an ad hoc committee to manage the affairs of such Bar Association for a period of one month superseding the elected office bearers. If the Bar Association resolves to resume work so as to not to resort to strike or from abstaining from work, the elected office bearers of the Bar Association shall resume their office; If the office bearers of the Bar Association again call for strike or to abstain from work, the State Bar Council shall conduct fresh elections to such Bar Association, in which, all office bearers of the Bar Association shall not be eligible to contest the election for a period of three years either of Bar Associations or the State Bar Council; and If the State Bar Council fails to act in terms of the above directions, the members of the State Bar Council shall be deemed to have vacated their office and the fresh elections will be conducted in the manner mentioned in clause A above. The bench also directed the high court administration to examine and incorporate in the High Court of Madhya Pradesh Rules, 2012, the consequences of the members of the Bar, the office bearers of the Bar Association and/or the State Bar Council of not appearing in the court including the action of the debarment of such erring members and the period thereof.