A day before the District Bar Association (DBA) Hisar election, tensions escalated between a faction of lawyers and the Bar Council of India (BCI). The BCI stayed the proposed June 12 poll and placed advocate Dalip Jakhar under interim suspension from legal practice and as Returning Officer (RO). Despite this unprecedented action, Jakhar remained defiant, maintaining that polling for DBA office-bearers would proceed as scheduled on Friday.
Background of the Dispute
Two factions exist among lawyers in Hisar: one led by advocate Jakhar and another opposing the election. The controversy intensified earlier this week when the BCI issued directions questioning the manner in which the elections were being conducted, cautioning that any poll conducted in violation of applicable rules could be interfered with by the competent authority.
BCI's Latest Order
In its most recent order, the BCI went a step further by suspending the notices 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 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, Jakhar is barred from appearing, pleading, filing vakalatnamas, advising clients, or practicing before any court, tribunal, or authority, as stated in the BCI letter. Furthermore, the BCI restrained Jakhar from functioning in any capacity connected with the DBA election, including as RO, Election Officer, Convener, Coordinator, or member of any election-related body. The order also prohibits him from issuing notices, convening meetings, or handling election records, voter lists, ballot material, nomination records, attendance registers, and other documents related to the election process.
Referral to State Bar Council
The BCI clarified that it had referred the matter to the 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 the State Bar Council nor any of its committees or office-bearers should modify, suspend, or dilute the BCI's order without approval from the BCI or a competent court.
Root of the Conflict
The dispute stems from a tussle between two factions within DBA Hisar over holding the poll. One faction appointed Jakhar as RO and insisted on conducting the elections. The dispute remained unresolved despite repeated intervention by the 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.
High Court Involvement
Notably, an advocate had also approached the Punjab and Haryana High Court seeking a stay on the election process. However, the high court listed the matter for hearing on June 15, even though the election is scheduled for June 12, leaving the situation unresolved.
