Court Orders Postponement of Treasurer Election, Cites Violation of Natural Justice in Exclusion of Life Member from Voter List
In a significant ruling, the Allahabad High Court has intervened to ensure fairness in the upcoming elections of the Central Bar Association, Civil Court, Raebareli. The court, comprising Justices Shekhar B. Saraf and Abdhesh Kumar Chaudhary, addressed the arbitrary exclusion of Anand Kumar Gupta, a practicing advocate and life member of the Bar Association, from the electoral roll. The court found the exclusion without a hearing or valid reason to be a violation of natural justice principles and Article 14 of the Constitution of India.
In the writ petition filed by Gupta, he challenged the exclusion of his name from the voter list for the 2026 Bar Association elections, arguing that it was done without any justification despite his active involvement in the Association's affairs and his unblemished record. Gupta had served multiple terms as Treasurer and as a Senior Executive Member and was also the runner-up in the 2025 Treasurer election.
Despite the respondent-Bar Association's contention that Gupta was not a regular practitioner at the court, the High Court noted Gupta's continuous life membership and past participation. The court refrained from halting the entire election process, scheduled imminently, but directed the election for the Treasurer post to be postponed to allow Gupta a fair opportunity to contest if found eligible.
The court granted Gupta permission to file objections supported by requisite documents, including proof of regular practice, within two days. The Elders Committee was instructed to consider his objections and provide a reasoned order after affording Gupta a hearing. The election for the Treasurer post has been deferred to August 1, 2026, ensuring Gupta's right to participate if his voter eligibility is confirmed.
The court's decision underscores the importance of adhering to principles of natural justice in the conduct of elections by registered societies. However, the order was clarified to be specific to the case's peculiar circumstances and not to be used as a precedent in other cases.
Bottom line:-
Arbitrary exclusion of a life member's name from electoral roll without hearing violates principles of natural justice - Election process not stalled, but specific post election postponed to ensure fair opportunity.
Statutory provision(s): Article 14 of the Constitution of India, Societies Registration Act, 1860
Anand Kumar Gupta v. State of U.P., (Allahabad)(Lucknow)(DB) : Law Finder Doc id # 2947399
