The High Court of Delhi Division Bench of Justices Rajiv Sahai Endlaw and AshaMenon has dismissed Ashok Arora’s appeal against an order refusing to stay his removal from post of secretary from Supreme Court Bar Association in the case of Ashok Arora V. SCBA.
The court said that they do not find any reason to interfere in the order of learned single Judge Mukta Gupta and so the appeal is dismissed. The Single Judge had noted that Arora had failed to make any valid point in his case to grant injunction against his removal. Arora argued at Single bench as well as division bench that is removal was void-ab-initio and was also violation of Rule 35 of SCBA Rules.
In the call for an Emergent General Meeting to remove Senior Advocate DushyantDave from the post of SCBA President by Arora, the Executive Council of SCBA had suspended him only from the position of the Secretary with immediate effect.But as per Arora the power to suspend or expel any member rests with general House of SCBA and that is to be decided after inquiry carried by committee.
While hearing the case single Judge Mukta Gupta agreed with SCBA’s statement that Arora’s reliance on Rule 35 is invalid and have no application to suspension or termination of member of SCBA as an office bearer.
A copy of the detailed order passed by the Division Bench is awaited.