JUDGMENT By the Court.—By this writ petition the petitioner has prayed for quashing the order dated 11.9.2008 (Annexure 1) to the writ petition passed by The Elders Committee of the Bar Association Aliganj, Etah dissolving the Executive Committee of the Bar Association Aliganj, Etah. It is further prayed that a mandamus be issued directing the respondents not to interfere in the peaceful functioning of the petitioner Ambarish Singh as President of the Bar Association, Aliganj, Etah. 2. The petitioner’s case in the writ petition is that the election of the office bearers of the Bar Association, Aliganj was held on 6.9.2007 in which 19 office bearers were declared elected including the petitioner. The petitioner’s case further is that the application was made for registration of the Bar Association under the provisions of the Societies Registration Act, 1860 and the petitioner Bar Association was registered on 28.12.2007. Certificate of registration has been filed as Annexure 4 to the writ petition. It is pleaded that the registered bye-laws are in accordance with the model bye-laws framed and approved by the Bar Council of U.P. An application was made for affiliation before the Bar Council of U.P. and a letter has been issued on 9.8.2008 by the Chairman, Bar Council, U.P. informing that the tenure of the Bar Association shall be from January to December. 3. The Elders Committee has dissolved the committee of the elected office bearers by the impugned order dated 11.9.2008. The said order has been challenged on the ground that no notice or opportunity had been given to the petitioner. It has been further pleaded that the tenure of the office bearers will continue till Dec., 2008 as per the letter of the Bar Council of U.P. referred to above. 4. Learned counsel for the petitioner Sri K.S. Tewari submitted that in view of the specific letter of the Bar Council of U.P. dated 9.8.2008 the petitioner’s term shall continue till Dec. 2008. It has been further submitted that the petitioner Bar Association having been registered with the Registrar, Societies, Firms and Chits only on 28.12.2007 the tenure will start running from the date of the registration. He submits that the decision of the Elders Committee dissolving the office bearers of the association on the ground that the term of the office bearers has come to an end is incorrect. 5. He submits that the decision of the Elders Committee dissolving the office bearers of the association on the ground that the term of the office bearers has come to an end is incorrect. 5. We have considered the submissions of the learned counsel for the petitioner and perused the record. 6. Under the model bye-laws for Bar Associations framed and approved by the Bar Council of U.P. the election of the executive body of the Bar Association, Aliganj was held on 6.9.2007 under the supervision of the Elders Committee in accordance with the bye-laws of the Association. Copy of the model bye-laws as framed by the Bar Council of U.P. has been annexed to the writ petition. Bye-law No. 8 of the model bye-laws provides for an Elders Committee for each Association and bye-law No. 19 of the model bye-laws provides for the term of the office bearers. Bye-law Nos. 8 and 19 of the model bye-laws are being quoted below : “8. There shall be an Elders Committee of each association consisting of 5 senior members of the Association actively practising in the that court as : (a) As far as the High Court is concerned 5 designated Senior Most Advocates actively practising in High Court by virtue of their seniority. (b) so far as the District Court is concerned the seniority of the members of the Elders Committee will be determined taking into account the date of enrolment as an Advocate by the Bar Council and having at least rendered 10 years regular practice in that Court and continuing as regular practitioner of that Court. (c) Senior most member of the Elders Committee will be the Chairman. “19. The office bearers of the Association and Members of the Governing Council/Executive Committee shall hold the office till the completion of one year from the date of their election, however, in extraordinary circumstances they may continue for a further period of one month with the prior approval of Elder Committee for the reason to be recorded within which they will get the election completed failing which the administration of the Association will vest in the Elders Committee, who will hold the election at the earliest as per bye-laws preferably within another 1 month.” 7. The model bye-laws have been approved by the Bar Council of U.P. for all the Bar Associations in the State of U.P. The said bye-laws/model bye-laws has also been approved by the Bar Council of India vide resolution dated 15.9.2006. Section 6 of Advocates Act, 1961 provides functions of the State Bar Council. Section 6 of the Advocates Act, 1961 is being quoted below : “6. Functions of State Bar Councils.—(1) The functions of a State Bar Council shall be— (a) to admit persons as advocates on its roll; (b) to prepare and maintain such roll; (c) to entertain and determine cases of misconduct against advocates on its roll; (d) to safeguard the rights, privileges and interests of advocates on its roll; (e) to promote and support law reform; (f) to manage and invest the funds of the Bar Council; (g) to provide for the election of its members; (h) to perform all other functions conferred on it by or under this Act; (i) to do all other things necessary for discharging the aforesaid functions. (2) A State Bar Council may constitute one or more funds in the prescribed manner for the purpose of— (a) giving financial assistant to organise welfare schemes for the indigent, disabled or other advocates; (b) giving legal aid or advice in accordance with the rules made in this behalf. (3) A State Bar Council may receive any grants, donations, gifts or benefactions for all or any of the purposes specified in sub-section (2) which shall be credited to the appropriate fund or funds constituted under that sub-section.” 8. According to Section 6 of the Advocates Act, 1961 the function of the State Bar Council is to safeguard the rights, privileges and interests of advocates on its roll. 9. The office bearers of a Bar Association represent the advocates fraternity and plays a vital role in preserving the rights, privileges and interests of advocates. The periodical elections for electing the representatives of the Bar Association is very necessary to safeguard the interest of the Advocate, since only the representatives of the advocates can watch the interest of the Advocates and the litigants. We live in a democratic country. Various bodies including the Bar Association and Bar Council are elected bodies who are being elected by Advocates. We live in a democratic country. Various bodies including the Bar Association and Bar Council are elected bodies who are being elected by Advocates. The model bye-laws have been framed to bring uniformity in the bye-laws of different Bar Associations and to provide for holding periodical elections, from time to time. Clause 19 of the model bye-laws clearly provides that the tenure of the office bearers shall be one year from the date of their election. After expiry of the said period however, in extraordinary circumstances they may continue for a further period of one month with the prior approval of Elders Committee failing which the Elders Committee will hold the elections. 10. The bye-laws which has been annexed along with the writ petition and have been registered with the Registrar, Firms, Societies and Chits also contain the provisions for constitution of the Elders Committee. Clause 16 of the bye-laws provides for the tenure of the office bearers as one year. The constitution of the Elders Committee is to precede the expiry of the tenure under whose supervision fresh elections shall be held. Clause 16 of the bye-laws is being quoted below : "16. dk;Zdky&laLFkk ds inkf/kdkfj;ksa dk dk;Zdky ,d o"kZ dk gksxkA le; iw.kZ gksus ls ,d ekg iwoZ lk/kkj.k lHkk dh cSBd gksdj ubZ ,YMlZ desVh dk xBu vko’;d gksxk ;fn ,d o"kZ dh vof/k iw.kZ gksus ij Hkh ubZ ,YMlZ desVh dk xBu iw.kZ ugh gks ikrk gS rks xr o"kZ dh ,YMlZ desVh gh ekU; jgsxhA mlh dh ns[k&js[k esa u;k pquko djk;k tk;sxkA 11. The submission which has been pressed is that the tenure of the office bearers shall begin not from the date of the elections which is 6.9.2007 but from the date of the registration of the bye-laws dated 28.12.2007. The bye-laws do not contemplate the commencement of the term from any other date except the date of the elections. Under Clause 16 of the Bye-laws there is no indication that the term will begin from the date when the Association was registered under the Societies Registration Act, 1860. The registration has no bearing on the tenure of the office bearers of the Association. The tenure is one year as per Rule 16 and the registration of the Association under the Societies Registration Act is wholly irrelevant. The registration has no bearing on the tenure of the office bearers of the Association. The tenure is one year as per Rule 16 and the registration of the Association under the Societies Registration Act is wholly irrelevant. With regard to the tenure of the Committee of Management the submission of the learned counsel for the petitioner that it shall start from the date of registration cannot be accepted inasmuch as the same would also run counter to Bye-law No.19 of the Model Bye-laws. 12. Apart from this rules have been framed namely the Bar Council Uttar Pradesh Bar Association Affiliation Rules, 2005. A copy of the said rules is Annexure 10 to the writ petition. The said rules, specifically Rule 8 provides for the periodical elections of the Bar Association. 13. The Bar Association in accordance therewith has to hold periodical elections. The bye-laws of the Bar Association have to be in accordance with the Model Bye-laws as per definition contained in Rule 2 of the said rules. Thus, the bye-laws of the Association can neither be contrary to the Model Bye-laws nor any provision of the bye-laws can be interpreted which may run counter to the intention expressed under the Model Bye-laws. Even otherwise Bye-law No. 16 of the petitioner Bar Association is not contrary nor can it be read in derogation of Bye-law No. 19 of the Model Bye-laws which provides for the commencement of the tenure from the date of election. 14. It is not the case of the petitioner that they were either prevented from functioning or there was any legal impediment in their functioning from the date of their elections. There is no averment in the writ petition that the office bearers elected on 6.9.2007 were prevented from functioning upon their being elected. 15. The next submission of the learned counsel for the petitioner is that as per the letter of the Bar Council of U.P. dated 9.8.08 the tenure shall be from January to December; that tenure of the petitioner association is to be regulated by the bye-laws of the petitioner association and even according to bye-law No. 16, the tenure is of one year. The purpose of tenure is to permit the functioning of the office bearers unless there is any legal impediment in their functioning. The tenure shall start running from the date of the elections. The purpose of tenure is to permit the functioning of the office bearers unless there is any legal impediment in their functioning. The tenure shall start running from the date of the elections. There is no restriction that the office bearers shall not function from the date of the election. Reference may be made to the Division Bench decision reported in 1991 (2) UPLBEC 1183, Committee of Management, Jangali Baba Intermediate College v Deputy Director of Education and others, wherein while considering a similar proposition in the Scheme of Administration regarding tenure of elected committee of an Intermediate College under the U.P. Intermediate Education Act, 1921 the Court explained the law in para 6 of the said judgment. 16. In view the law laid down by the Division Bench as well as the clear meaning of bye-law No. 16 of the bye-laws of the Bar Association, Aliganj it is clear that the tenure shall start running from the date of election i.e. from 6.9.2007 which came to an end on 5.9.2008. The letter of the Bar Council of U.P. dated 9.8.2008 relied on by the petitioner does not come to the aid of the petitioner in any manner. 17. A perusal of the Bye-laws would indicate that the same intend to put an end to the tenure of the office bearers upon the expiry of one year and to allow them to continue for one month more in order to enable it to hold elections. Such continuance of one month has to be by way of some reason and Elders Committee has to necessarily step into action upon the expiry of such period. The tenure of the office bearers, therefore, comes to an end due to efflux of time and they would only retain the right to hold elections within a period of one month thereafter. Upon expiry of one month it is the Elders Committee which is empowered to hold the elections. In the event, through some logic or rule of interpretation the contention of the petitioner is accepted, then in our opinion, it would amount to infusing life into the tenure of the office bearers which by operation of the bye-laws has already came to an end. This, in our opinion, would be adding to the bye-laws something which is not intended and, therefore, the Court would not attempt to re-write the same through any rule of interpretation. This, in our opinion, would be adding to the bye-laws something which is not intended and, therefore, the Court would not attempt to re-write the same through any rule of interpretation. Such an attempt would frustrate the very object and purpose of periodical elections and may also amount to perpetuating the existence of a body of office bearers who have no right to continue under the bye-laws. The discipline of tenure as contemplated under the bye-laws, therefore, cannot be tinkered with for the aforesaid reasons unless there are compelling legal impediments. Neither the learned counsel for the petitioner urged pointing out any such infirmity nor have we been able to lay hands on any such shortcoming in the fixation of the tenure of the office bearers of the Bar Association under the Model Bye-laws or under the bye-laws of the petitioner Association. 18. We do not find any error in the order dated 11.9.2008 of the Elders Committee. We further notice that the Elders Committee took the decision in pursuance of the direction issued by the Bar Council of U.P. which letter has been referred to in the order dated 11.9.2008. The decision of the Elders Committee is, therefore, only a consequential decision in pursuance of the direction of the Bar Council of U.P. No decision of the Bar Council of U.P. has been challenged in the writ petition and the letter of the Elders Committee being only a consequential action cannot be invalidated on any grounds raised in this writ petition. No ground is made out to interfere with the impugned order. The writ petition is dismissed. ————