Disciplinary Action Against High Court Bar Association Member Is In Realm Of Private Law, Writ Petition Is Not Maintainable: Himachal Pradesh High Court
Live LawThe Himachal Pradesh High Court bench of Chief Justice M.S. Ramachandra Rao and Justice Jyotsna Rewal Dua held that disciplinary action against a member of the High Court Bar Association as per the norms/bye-laws of the Association is in the realm of private law. Brief Facts: The petitioner, an advocate practicing in the High Court of Himachal Pradesh, approached the Himachal Pradesh High Court and challenged two notices issued by the Himachal Pradesh High Court Bar Association. However, the High Court noted a pivotal distinction between the Supreme Court Bar Association and the HP High Court Bar Association, namely, the former's registered status under the Society Registration Act, of 1860. The High Court held that since there is no discernible public law element in the dispute between the Petitioner and the HP High Court Bar Association, and considering the unregistered status of the association, a writ petition against its office bearers in their personal capacity is not maintainable.