A day before District Bar Association (DBA) Hisar election, the standoff between a faction of lawyers and Bar Council of India (BCI) escalated as BCI stayed the proposed June 12 poll and placed advocate Dalip Jakhar under interim suspension from legal practice and from acting as Returning Officer (RO).
Despite the unprecedented action, Jakhar remained defiant and maintained that polling for the election of DBA office-bearers would be conducted as scheduled on Friday. There are two factions of lawyers — one led by advocate Jakhar and another opposing the poll.
The controversy intensified earlier this week when BCI issued directions questioning the manner in which the elections were being held and cautioned that any poll conducted in violation of the applicable rules and regulatory framework could be interfered with by the competent authority.
In its latest order, BCI went a step further and suspended the notice and directions issued by Advocate Jakhar for conducting the elections. The council reiterated that the entire election process initiated by the ad hoc committee or by Jakhar as RO would remain stayed until further orders.
The order also places advocate Jakhar under interim suspension from practice as an advocate with immediate effect, pending disciplinary proceedings under Section 35 of the Advocates Act, 1961. During the suspension period, he has been barred from appearing, pleading, filing vakalatnamas, advising clients, or practicing before any court, tribunal, or authority, BCI letter stated.
Further, BCI restrained Jakhar from functioning in any capacity connected with the District Bar Association election as Returning Officer, Election Officer, Convener, Coordinator, or member of any election-related body. The BCI order also prohibits him from issuing notices, convening meetings, or handling election records, voter lists, ballot material, nomination records, attendance registers, and other documents connected with the election process.
BCI clarified that it had referred the matter to Bar Council of Punjab and Haryana (BCPH) and its disciplinary committee for implementation of its directions, collection of facts, and further action under the Advocates Act. It also directed that neither State Bar Council nor any of its committees or office-bearers should modify, suspend, or dilute BCI’s order without the approval of BCI or a competent court.
The dispute stems from a tussle between two factions in DBA Hisar over holding the poll. One faction appointed Jakhar as RO and insisted on holding the elections. The dispute remained unresolved despite repeated intervention by BCI and BCPH, as a faction of lawyers supporting the election process convened a General House meeting last week and decided to proceed with the scheduled poll.
On May 29, the RO released the final list of candidates, with 17 advocates contesting various posts in the association.
Notably, an advocate had also approached the Punjab and Haryana High Court seeking a stay on the election process, though the high court listed the matter for hearing on June 15 even as the election is scheduled for June 12.
