Allahabad High Court Bar Association terminates lawyer's membership for filing case using e-filing facility despite strike

The Allahabad High Court Bar Association (AHCBA) on Monday terminated the membership of a lawyer who filed a case using e-filing facility despite a call by AHCBA to lawyers to abstain from work.

. The AHCBA has now asked the lawyer, advocate Sunil Kumar Chaudhary, to appear before the members on March 2, at 12:00 PM to apologize, failing which the AHCBA would be writing to the Uttar Pradesh Bar Council to terminate his registration.

. "Despite the decision of the High Court Bar Association to abstain from judicial work while being agitated by the General Assembly, Shri Sunil Kumar's membership was terminated with the consent of the High Court Bar Association due to filing of PIL through e-filing and this opportunity was provided that If Sunil Kumar does not apologize before President/ General Secretary of High Court Bar Association till 12.03.2021, then the High Court Bar Association will write to the Bar Council of Uttar Pradesh to cancel their registration," the resolution passed by AHCBA on Monday said. . The AHCBA is protesting against Education Tribunal Bill which has bifurcated the sittings of the Education Tribunal.

The AHCBA wants the main seat of the tribunal to be at Prayagraj as was assured by the Deputy Chief Minister of Uttar Pradesh in 2019.

The Bill while providing for bifurcated sitting of the tribunal has notified its main seat at Lucknow.

.Why Bar Associations in Uttar Pradesh are abstaining from judicial work. In a separate resolution passed by the AHCBA on Monday, the members have been urged "not to file any cases" until and unless the demands of the Bar Association are fulfilled. It has been also notified that the members would be abstaining from judicial work.

This resolution states that if any lawyer is found filing any case physically or using e-filing facility to file cases, stringent action would be taken against them by the Governing Council of AHCBA.

.Lucknow Bar Association decides to boycott ‘Judicial work’, opposes constitution of GST Tribunal State bench at Allahabad. Interestingly, the Oudh Bar Association has also been abstaining from work over the same Bill. The Oudh Bar has taken exception to the fact that the Bill provides for bifurcated sittings of the tribunal.

They have proposed for the seat of the tribunal to be at Lucknow without any bifurcation.

. It is their claim that there is enough infrastructure at Lucknow for the tribunal to function.

A resolution which was passed by Oudh Bar on February 23 , highlighted " that there is a newly constructed huge building of HC, comprising of well furnished 55 Court rooms, but only 30 courts are functioning. "

. Both the Bar Associations have been abstaining from judicial work since last week and have resolved to continue their protest/strike till March 2.

[Read the Allahabad HCBA Resolution]

Allahabad High Court Bar Association terminates lawyer's membership for filing case using e-filing facility despite strike

Areeb Uddin Ahmed

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