Ankleshwar Dubey vs State Bar Council Of Madhya Pradesh

NEUTRAL CITATION NO. 2026:MPHC-JBP:67983
1 WP-35839-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR

BEFORE
HON'BLE SHRI JUSTICE ANAND PATHAK
&
HON'BLE SHRI JUSTICE B. P. SHARMA
rd
ON THE 3 OF SEPTEMBER, 2026
WRIT PETITION No. 35839 of 2026
ANKLESHWAR DUBEY
Versus
STATE BAR COUNCIL OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Vivek Tankha - Senior Advocate (through v.c) with Shri Rameshwar
Thakur - Senior Advocate assisted by Shri Rohit Sohgaura - Advocates for the
petitioner.
Shri Prakash Upadhyay - Senior Advocate assisted by Shri Hitendra Kumar
Golhani for respondents No.1 and 2.
Shri Ashish Kumar Kurmi - Advocates for respondent No.3.
None for respondent No.4.
ORDER
Per: Justice Anand Pathak
Present petition under Article 226 of Constitution of India filed by
practicing advocate seeking following relief :
(i) issue an appropriate writ, order or
direction in the nature of certiorari quashing the
impugned order dated 25.08.2026 (Annexure-
P/6) passed by. respondent No.2/Special
Committee (Appeals), State Bar Council of
Signature Not Verified
Signed by: DEVESH K
SHRIVASTAVA
Signing time: 05-09-2026
10:42:47

NEUTRAL CITATION NO. 2026:MPHC-JBP:67983
2 WP-35839-2026
Madhya Pradesh, in Appeal No. 08/2026,

whereby recounting of votes for the post of
President, District Advocates Association, Sagar
has been directed.
(ii) issue an appropriate writ, order or
direction restraining the respondents from
conducting or permitting any recounting of votes
for the post of President of the District Advocates
oSoeton, RY -pursuant to the impugned order
dated 25.08.2026.
(iii) protect and give effect to the election
result declared after counting conducted on
22.08.2026 whereby the petitioner, having
secured 573 votes, was declared elected to the
post of President of District Advocates
Association, Sagar.
(iv) in the alternative, and without
prejudice to the principal reliefs, direct that no
adverse order affecting the petitioner's election
shall be passed without impleading the petitioner
and affording him a full and effective opportunity
of hearing in accordance with law
(v) Any other writ/order or direction
deemed fit and proper in the facts and
circumstances of the case be also granted.
2. It is the submission of learned senior counsel for petitioner that
Signature Not Verified
Signed by: DEVESH K
SHRIVASTAVA
Signing time: 05-09-2026
10:42:47

NEUTRAL CITATION NO. 2026:MPHC-JBP:67983
3 WP-35839-2026
impugned order dated 25.08.2026 passed in Appeal No.8/26 by Special

Committee of State Bar Council of M.P. is arbitrary and illegal and contrary to the
principles of natural justice. No opportunity of hearing was provided to petitioner
and behind his back, impugned order was passed.
3. Matter pertains to election of District Bar Association of District Court,
Sagar. Petitioner contested for the post of President. In total, 1350 votes
were cast by advocates to elect their representatives. However, when ballot papers
were counted, then, as contained in impugned order, 1355 ballot papers were
found. Some mischief was anticipated. Therefore, Returning Officer decided to
recount votes. However during deliberations, mob entered into office of Returning
Officer and, under duress/intimidation Returning Officer recalled order of
recounting. This gave cause of action to respondent No.3 to prefer an appeal
before Special Committee and, on his appeal, impugned order dated
25.08.2026 was passed.
4. Learned senior counsel appearing for petitioner advanced arguments at
length on previous occasion and raised question regarding authority of State Bar
Council to exercise jurisdiction over manner and procedure of election conducted
by any District Bar Association.
5. Learned counsel for respondents No.1 and 2 opposed contentions and
advanced arguments while relying upon model bylaws issued by State Bar
Council.
6 . After considering the rival submissions, this Court raised suggestion
regarding rehearing of case in view of fact that petitioner was not granted any
opportunity of hearing. Graceful in their disposition, all parties agreed to
proposition that if parties concerned are given opportunity of hearing to ventilate
their grievances and address the issues raised, then they would be satisfied.
Signature Not Verified
Signed by: DEVESH K
SHRIVASTAVA
Signing time: 05-09-2026
10:42:47

NEUTRAL CITATION NO. 2026:MPHC-JBP:67983
4 WP-35839-2026
7. Considering the same, impugned order dated 25.08.2026, as it suffers

from vice of natural justice, is hereby set aside. However, petitioner, respondents
No.3 and 4 are granted liberty to appear before Special Committee (respondent
No.2) and Special Committee shall hear the concerned parties, their pleadings and
arguments as per law and thereafter ensure passing of a reasoned order under due
intimation to the parties. Impugned order is set aside and matter is remanded back
to Special Committee for reconsideration as directed.
8 . Till issue is decided, result shall not be declared. Special Committee
shall decide the case as expeditiously as possible, preferably within 15 days from
passing of this order. Ballot papers and other election material shall be secured,
and Returning Officer shall keep them in his custody. Special Committee may
look into evidence if any produced or may requisition regarding election in
question.
9. Writ petition stand disposed of with aforesaid directions.
(ANAND PATHAK)
(B. P. SHARMA)
JUDGE
JUDGE
DevS

Signature Not Verified
Signed by: DEVESH K
SHRIVASTAVA
Signing time: 05-09-2026
10:42:47