Case: Ram Sahai Chiroliya vs District Bar Association, Daita
The Madhya Pradesh High Court recently overturned the suspension of a lawyer's membership in the Datia District Bar Association, ruling that the suspension was not in accordance with the byelaws.
The lawyer, Ram Sahai Chiroliya, who faced allegations of embezzling bar association funds during his ressidency, had offered to host a get-together, including a High Tea/Ice Cream party, to demonstrate his goodwill and affection for the Bar members.
The division bench of Justice Anand Pathak and Justice Rajendra Kumar Vani accepted the offer and instructed Chiroliya to honor his commitment.
“As per undertaking of the petitioner himself being former Head of the Bar Association, Datia (during the period 2017-2019), it is the time to show magnanimity and to honour his commitment regarding convening High Tea/ Ice Cream party with intimation to all members of the District Bar Association, if he intends to do so,” the Court stated.
Chiroliya’s membership was suspended by the District Bar Association in 2020 over allegations that he failed to deposit a certain amount after his tenure as President of the Executive Body ended. However, he denied the embezzlement allegation and informed the Court that the amount mentioned in the show-cause notice was only ₹4565, which he would deposit.
Addressing the merits of the case, the bench noted that since the bar association is guided by the model bylaws of the State Bar Council, the decision to remove or cancel membership needed ratification by the General Body.
“Similarly, parent body State Bar Council could have been consulted before removing the membership of the petitioner. Same has not been done in the present case,” it added.
Consequently, the Court set aside Chiroliya’s termination of membership but allowed the bar association the liberty to proceed according to law and procedure if advised.
Advocate Gaurav Mishra represented the petitioner, Advocate DP Singh represented the District Bar Association, Datia, and Advocate Jitendra Sharma represented the State Bar Council of Madhya Pradesh.
TAGS: Madhya Pradesh High Court Bar Council Ice Cream Lawyer Member
