[Ashok Arora vs SCBA] Delhi HC Dismisses Ashok Arora’s Appeal Against an Order Refusing to Stay his Suspension from SCBA

Delhi HC dismisses Ashok Arora’s appeal against order refusing to stay his suspension from SCBA

Delhi High Court has denied providing relief in an appeal filed by Ashok Arora against the order of the Single Judge refusing to stay his removal from the post of Secretary, Supreme Court Bar Association (SCBA).

The Division Bench of Justice Rajiv Sahai Endlaw and Justice Asha Menon noted that we do not find any reason to interfere with the learned single Judge’s order. The appeal is dismissed.

Previously, the Single Bench of Justice Mukta Gupta, while refusing to provide relief had observed that Ashok Arora failed to establish a prima facie case in his favour.

Though being an office-bearer of a prestigious association such as the respondent no.1/SBCA is in itself a privilege, the power that attaches to it can be an equally powerful attraction for members to contest an election. But that power or position cannot be equated to personal power and position as seems to be the norm across all Bar Associations. Intolerance of dissenting opinions, coercive and divisive action to hold on to power is becoming too commonplace for comfort. The clear springs of the Bar alone can feed the river that is the judiciary. Anything that sullies the source will defile in entirety, the Court observed.

Observing that that action taken in accord with Rules and Bye-Laws of an association could not form ground for grievance, the Court held that the Single Judge Bench had formed the correct prima facie view.

The affairs of the respondent no.1/SBCA cannot be allowed to be stalled only because of differences between the appellant and the rest of the office bearers. Therefore, the balance of convenience tilts in favour of the respondent no.1/SBCA.”, it added.

Brief development of the Case

  • This resolution came after Arora had released a message with the members of SCBA, in order to convene an Emergent General Meeting (EGM) on May 11 to consider the removal of SCBA President, Dushyant Dave, from his post for passing a Resolution on February 25 condemning public remarks made by Justice Arun Mishra in praise of PM Narendra Modi.  He had alleged that Dushyant Dave is using the office of SCBA for political purposes and called for his removal from the primary membership of the Bar Association as well.
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  • 05 May- the Supreme Court Bar Association (SCBA) suspended its Secretary, Ashok Arora, with immediate effect after the Executive Committee took this decision in a meeting. Vide this motion, it was also resolute that Rohit Pandey, the Assistant Secretary, will conquest the roles and responsibilities of the Secretary.
  • 05 June- the Supreme Court Bar Association (SCBA) issued a notice to Ashok Arora to show cause as to why ex-parte proceedings by a three-member committee should not be initiated against him for alleged imputations laid out in the notice.
  • Shortly after the suspension, a message was sent by Ashok Arora to the  members of the Bar accusing the Executive Committee of intimidating him on different occasions as well as alleging that Dave’s conduct has brought disgrace to the Bar.
  • In an astonishing move, the BCI intruded in the issue to stay the Supreme Court Bar Association (SCBA) decision suspending Arora. The Supreme Court Bar Association (SCBA) defended this by contending that ‘BCI has no power to control Bar Associations’.

Delhi HC dismisses Ashok Arora’s appeal against order refusing to stay his suspension from SCBA

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