Rajasthan High Court Prevents State from issuing Certificate of Registration to Senior Bar Association on request of Bar Association

The High Court of Rajasthan is restraining the state from issuing a registration certificate to the Chief Advocates Association of the High Court of Rajasthan, Jaipur until further notice.

The plea was filed by the Bar Association of the High Court of Rajasthan, Jaipur through its Secretary General Adv. Girraj Prasad Sharma.

Judge Mahendra Kumar Goyalruled,

“Based on the assertions made by the learned senior counsel and the evidence on file, Respondents #1 and 2 are barred from issuing a certificate of registration in favor of Respondents #3 and 4, until further notice.”

The court issued an opinion in this plea challenging the registration of ‘Rajasthan High Court Senior Lawyers Association, Jaipur’ in the name of the company as it violates section 3 read with clause 17 of the Emblems and Names Schedule (Prevention misuse) Act 1950.

The court observed,

“Issue notice of motion in writ as well as request for stay. The rule is made refundable by five weeks. Notices should be filed in two sets. One set of notices should be sent by registered mail with return receipt. to be taken within a week.”

The plea alleged that the defendant is a member of the applicant association and enjoys all the benefits and facilities provided by the applicant association to its members. It has also been alleged that no member of the said association is granted the status of senior barrister by the High Court of Rajasthan or by the Supreme Court under Section 16 of the Lawyers Act 1961.

Appearing for the petitioner, Sr. Adv. Rajendra Prasad maintained that no such authorization was issued in favor of the Association. He also objected that the use of the word “Senior Lawyers Association” in the name of the society is contrary to Section 16 of the Advocate Act 1961.

Referring to Section 16 of the Act, it was further argued that there are only two categories of attorneys, namely senior and other attorneys without such nomenclature as an appointed senior attorney and , therefore, given the response filed by Respondent #3 to the Petitioner’s objection to its registration, the registration authorization could not have been extended.

He informed the court that the registration certificate in favor of the respondent association has not yet been issued, which can be issued any day.

Sr Adv. Rajendra Prasad assisted by Adv. Bhuvnesh Sharma, Adv. Girraj P. Sharma, Adv. Bharat Yadav, Adv. Rajaram Chaudhary, Adv. Ashok Yadav, Adv. Alok Atreya, Adv. Karan Tibrewal, Adv. Nidhi Khandelwal and Adv. Rajesh Kala appeared for the applicant association.

Case title: Rajasthan High Court Bar Association Versus State Of Rajasthan & Ors.

Click here to read/download the order

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