STATE TIMES NEWS JAMMU: Vacation Judge of J&K High Court Jammu Wing Justice Sanjay Gupta on Wednesday issued notices in the petition filed by Advocate K.K Pangotra seeking direction for holding fresh and fair election of Jammu and Kashmir High Court Bar Association Jammu (JKHCBAJ) under the Presidium to be constituted for the purpose and also seeking direction to constitute Presidium/Court Commissioner to look after the affairs of JKHCBAJ till fresh elections of the aforesaid Association are held and new office bearers take its control. Senior Advocate Sunil Sethi and Advocate Shah Mohammad Choudhary appearing for the petitioner submitted that petitioner is practicing lawyer with 40 years standing at the Bar and is an active member of JKHCBAJ. “He is aggrieved of the action of the official respondents in giving illegal recognition to the private respondents as office bearers of JKHCBAJ, beyond their term because of the act of cheating and illegality being committed by the private respondents is getting perpetuated”, the counsels of petitioner submitted adding that the elections of JKHCBAJ is held as per the provisions of the Constitution of aforesaid Association which provides for election to various posts of office bearers every year however, a decision was taken by the General House of the JKHCBAJ in the year 2008 to convert its tenure to two years instead of one and as such the elections were held for a period of two years. It was also submitted that in 2017, it was again decided by the General House of JKHCBAJ that the tenure of the office bearers of the JKHCBAJ shall be one year and, as such, the last elections were held in April, 2017 by the JKHCBAJ to be of one year tenure. “In the election so held, private respondents were elected as office bearers and assumed the charge of their positions on April 19, 2017 and their term of office was to expire on April 17, 2018. As per the Constitution of the JKHCBAJ one month before the aforesaid date, the existing office bearers i.e. private respondents had to initiate the process of election by issuing election notification. However, the private respondents did not do the same, but instead after the date of their tenure was over they took the JKHCBAJ to agitation of Rasana, Rohingiyas and Forest order issues with the sole motive of not holding the elections and to continue in office of JKHCBAJ in default because of the aforesaid agitations”, the counsels of the petitioners submitted.
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