JUDGMENT : VIPIN SANGHI, J. Issue notice. Counsel for the respondents appear and accept notice. 2. The present special appeals are directed against the common order passed by the learned Single Judge, in Writ Petition (M/s) No. 2507 of 2022, Writ Petition (M/s) No. 2043 of 2022, and Writ petition (M/s) No. 284 of 2023. The two appeals before us have arisen out of WPMS No. 2507 of 2022, and WPMS No.284 of 2023. 3. The impugned order reads as follows :- “Mr. Ravi Babulkar, Mr. Vikas Bahuguna & Mr. Siddhartha Sah, Advocates for the petitioners. Mr. Piyush Garg, learned counsel for respondent No. 1. Ms. Manisha Bhandari, learned counsel for respondent No.2. Mr. Narayan Dutt, learned Brief Holder for the State of Uttarakhand. Since common questions of fact and law are involved in these petitions, therefore, these petitions are clubbed together and decided by this common judgment. However, for the sake of brevity, facts of WPMS No. 2507 of 2022 are being considered. By means of this writ petition, petitioner has sought the following relief:- (i) Issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 01.09.2022 passed by respondent no. 1 (contained as Annexure no. 1 to this writ petition) (ii) Issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 14.09.2022 passed by respondent no. 2 (contained as Annexure no. 3 to this writ petition) (iii) Issue a writ, order or direction in the nature of mandamus commanding and directing the respondents not to take any coercive measure against the petitioner. Petitioner held Office of President, Pachhuwadoon Bar Association for three years i.e. 2018-19, 2019-20 & 2020-21. He has challenged an order passed by Chairman, Uttarakhand Bar Council, on various grounds. Learned counsel for the parties are unanimous that the dispute can be resolved if the matter is relegated to the Chairman, Uttarakhand Bar Council. In such view of the matter, without going into the merits, writ petitions are disposed of by permitting petitioners to approach Chairman, Uttarakhand Bar Council by making application for revocation of impugned order(s), within three days from today. If such application is made within stipulated time, Chairman, Uttarakhand Bar Council is requested to reconsider the issue and pass appropriate order, as per law, within ten days from the date of filing such application(s). If such application is made within stipulated time, Chairman, Uttarakhand Bar Council is requested to reconsider the issue and pass appropriate order, as per law, within ten days from the date of filing such application(s). Till decision in the matter by the Chairman, election process shall not be notified by the concerned Bar Association.” 4. A perusal of the impugned order gives the impression that the same is an order passed by consent. However, on a little deeper scrutiny, what emerges is, that the action of the three parties concerned before us, namely, the appellant–Bar Association; the two respondents – writ petitioners, who are the ex-President Shri Sandeep Kumar Bartwal, and ex-Honorary Secretary Shri Amit Kumar Chauhan of the appellant-Bar Association; the Chairman, Bar Council of Uttarakhand, and the Bar Council, itself, have completely misdirected their respective actions leading to taking of decisions, and passing of orders, which are either without jurisdiction, or in violation of the principles of natural justice. A complete hochpoch has been created due to the actions of all the parties, and our endeavour is to untangle the same. 5. It appears that the tenure of the Executive Committee of the appellant-Bar Association came to an end in the year 2022, and a resolution was passed by the Bar Association on 12.04.2022 to extend the tenure of the Executive Committee by one year. The two writ petitioners are the ex-President and the ex-Honorary Secretary of the same Bar Association. The ex-President of the Bar Association being aggrieved by the delay in conduct of the elections for constitution of the fresh Executive Committee, approached the Uttarakhand Bar Council, making a grievance with regard to the elections not being conducted by the Executive Committee in office. 6. First and foremost, in our view, this approach of the ex-President, for seeking relief in that regard was completely misplaced, as it is not for the Bar Council to intermeddle into the affairs of the Bar Association. The ex-President had a remedy available to him under the civil law, or under the Societies Registration Act, 1860 (as amended by Uttarakhand Act No. 04 of 2019). 7. Upon the ex-President approaching the Bar Council, the appellant-Bar Association responded by making allegations of misappropriation of funds by the ex-President and the ex-Secretary. The ex-President had a remedy available to him under the civil law, or under the Societies Registration Act, 1860 (as amended by Uttarakhand Act No. 04 of 2019). 7. Upon the ex-President approaching the Bar Council, the appellant-Bar Association responded by making allegations of misappropriation of funds by the ex-President and the ex-Secretary. In the light of the said allegations, the Bar Council constituted two member committee to look into the allegations made by the appellant-Bar Association. The two member committee gave its report after calling upon the ex-President to furnish his explanation. The said report is dated 07.07.2022. 8. In the light of the said allegations, the Bar Council constituted two member committee to look into the allegations made by the appellant-Bar Association. The two member committee gave its report after calling upon the ex-President to furnish his explanation. The said report is dated 07.07.2022. 8. The conclusion drawn by the said committee reads as under :- fu"d"kZ leLr nLrkostksa o c;kuksa dk voyksdu djus ds Ik'pkr izFke vkjksi ds lEcU/k esa tkWp lfefr us tkWp ds nkSjku ;g ik;k gS fd f'kdk;rdrkZ o iwoZ dk;Zdkfj.kh us 2020&21 es laLFkk ds [kpZ gsrq tks fcy&ckmpj orZeku dk;Zdkfj.kh dks lkSisa Fks okLro esa mues ls dqN fcy ckmpj ij laLFkk dk ;k foØsrk dk uke vafdr ugh gS vkSj u gh mu ij dksbZ /kujkf'k vafdr dh x;h gS] ftudk Hkqxrku Hkh uxn :Ik ls n'kkZ;k x;k gS] blds vfrfjDRk ekuuh; fo/kk;d Jh eqUuk flag pkSgku th dks tks 50]000@&:0 dk Hkqxrku laLFkk ds [kkrs ls fn;k x;k gS rFkk [kkrs ls eq0 3]00]000@&:0 vf/koDrk j.kohj okfy;k dks m/kkj ds rkSj ij mldh iRuh ds bykt gsrq fn;s x;s vkSj ftudh okilh dk iz;kl Hkh f'kdk;rdrkZ }kjk ugh fd;k x;kA tgkW rd ,d f}rh; vkjksi dk iz'u gS mlds lEcU/k esa tkWp lfefr us tkWp esa ik;k fd f'kdk;rdrkZ us 2020&21 ds okf"kZd pquko dk;Zdkfj.kh lfefr dh cSBd fnukafdr 30&03&2020 ds }kjk LFkfxr dj fn;s Fks vkSj tc f'kdk;rdrkZ ls mldk mRrj ekaxk x;k rks f'kdk;rdrkZ us dFku fd;k fd esjs dk;Zdky esa laLFkk dk 2020&21 dk okf"kZd pquko dksfoM&19 dk ykdMkmu gksus ds dkj.k ckj dkSflay vkQ mŸkjk[k.M ds }kjk cढ+k;k x;k Fkk] ftldk mYys[k f'kdk;rdrkZ us u rks dk;Zdkfj.kh dh cSBd fnukafdr 30&03&2020 esa ikfjr izLrko es fd;k vkSj u gh dksbZ izek.k f'kdk;rdrkZ us tkWp lfefr ds le{k gh izLrqr fd;k gS tcfd iNoknwu ckj ,lksf'k,lu ds lnL;ksa us vkelHkk fnukad 12&04&2022 esa izLrko ikfjr djds orZeku dk;Zdkfj.kh dk dk;Zdky o"kZ 2022&23 dks 1 o"kZ ds fy, cढ+k fn;k Fkk ftldh iqf"V gsrq tkWp lfefr ds le{k foi{kh }kjk nkf[ky dh x;h lnu dh ohfM;ksxzkQh dk voyksdu fd;k x;k vksj ik;k fd lnu esa orZeku dk;Zdkfj.kh dk dk;Zdky cढ+kus gsrq Jh vfuy 'kekZ ¼iwoZ v/;{k iNoknwu ckj ,lksf'k,lu fodkluxj½] Jh fot;iky pkS/kjh ¼iwoZ v/;{k iNoknwu ckj ,lksf'k,lu fodkluxj½] Jh lqjsUnz feRry ¼iwoZ v/;{k ckj dkSflay vkQ mRrjk[k.M½] Jh xqjesy flag jkBkSj ofj"B vf/koDrk] Jh jkts'k oekZ iwoZ lg&lfpo rFkk dbZ vU; vf/koDrkvksa us orZeku dk;Zdkfj.kh dk dk;Zdky cढ+kus dk leFkZu fd;k x;k gS] blds vfrfjDr tkWp lfefr us tkWp ds nkSjku ;g Hkh Ikk;k gS fd orZeku dk;Zdkfj.kh us 2021&22 dk okf"kZd ys[kk&tks[kk Hkh lnu ds le{k ugh j[kk gSA mDr lHkh fcUnqvks ij ckj dkSflay }kjk fu.kZ; fy;k tkuk U;k;laxr gksxkA egksn; tkWp lfefr dh tkWp vk[;k lsok esa izsf"kr gSA^^ 9. We are informed - and there is no dispute in this regard, that the ex-Secretary was not put to any notice by the Bar Council, or the two member committee, which examined the complaint made by the appellant-Bar Association against the ex-President and the ex-Secretary. After the two member committee made the aforesaid report, the Chairman Bar Council passed an order on 01.09.2022, on the basis of the report prepared by the two member committee, and issued the following directions :- ^^iNoknwu ckj ,lksfl,'ku fodkluxj }kjk loZlEefr ls lnu dh cSBd fnukad 12-04-2022 esa fy, x, fu.kZ; dh iqf"V dh tkrh gS ftlds QyLo:Ik iNoknwu ckj ,lksfl,'ku fodkluxj dh orZeku dk;Zdkfj.kh dk dk;Zdky o"kZ 2022&23 ds fy, cढ+k gqvk ekuk tk,xkA iwoZ dk;Zdkfj.kh }kjk dh x;h foŸkh; vfu;ferrkvksa ds lEcU/k esa orZeku dk;Zdkfj.kh vke lHkk cqyk dj/ku dh olwyh djus ds lEca/k esa Bksl dk;Zokgh djus dh vf/kdkjh gS rFkk vfu;ferrkvksa ds lEca/k esa fpV~ Q.M lkslk;Vh nsgjknwu dks Hkh voxr djkuk lqfuf'pr djsA bl fu.kZ; dh ,d&,d izfr f'kdk;rdrkZ o iNoknwu ckj ,lksfl,'ku fodkluxj ds v/;{k dks iznku dh tkos rFkk ,d izfr Jh jktsUnz jkor ,MoksdsV ftuds }kjk fnukad 02-08+- 2022 dks ,d izkFkZuk i= ckj dkmafly dks izsf"kr fd;k x;k Fkk] dks Hkh izsf"kr dh tkosA^^ 10. Once again, we find that the Chairman Bar Council exceeded his jurisdiction, inasmuch as, he had no authority to intermeddle into the affairs of the appellant-Bar Association, and to declare that its term has legally been extended by one year. Rather than proceeding to take disciplinary action under Section 35 of the Advocates Act, 1961, the Chairman Bar Council passed the aforesaid order. 11. Thereafter, the appellant-Bar Association passed a resolution in its General House, expelling the ex-President and the ex-Secretary from the membership of the Society, unless they deposited the amounts of Rs.38,91,000/- of the appellant Association. 12. It was the aforesaid actions of the Bar Council, and the appellant-Bar Association, which drove the ex- President and the ex-Secretary to file their respective two writ petitions, wherein the impugned order has been passed. Even before the learned Single Judge, the parties proceeded to consent to the Chairman Bar Council, passing appropriate orders on matters over which he had no jurisdiction. The Chairman Bar Council has now passed an order, which has been tendered in Court. Even before the learned Single Judge, the parties proceeded to consent to the Chairman Bar Council, passing appropriate orders on matters over which he had no jurisdiction. The Chairman Bar Council has now passed an order, which has been tendered in Court. The operative part of which reads as follows :- vkns'k ^^ckj dkSflay }kjk ikfjr vkns'k fnukad 01-09-2022 rFkk ckj ,slksfl,'ku }kjk ikfjr vkns'k fnukad 14-09-2022 fcuk fdlh iwoZ lquokbZ dk volj iznku fd, gq, ikfjr fd;k x;k gS rFkk uSlZfxd U;k; ds fl)kUr ds mYy?kau esa gS blfy, mijksDr nksuksa vkns'k fujLr fd;s tkrs gS rFkk iNoknwu ckj ,lksfl,s'ku dks funsZf'kr fd;k tkrk gS fd vkt ls 20 fnu ds vUnj ckj dkSafly dks iwoZ lwfpr dj] iNoknwu ckj ,slksfl,s'ku fodkl uxj fd ,d vke lHkk fu;ekuqlkj iwoZ lwpuk ds mijkUr cqyk;s rFkk ftl lEcU/k eas Jh crZoky rFkk Jh pkSgku dks ehfVax dk ,tsUMs ;Fkkle; O;fDrxr :Ik ls miyC/k djk;sA D;ksafd Jh crZoky ,oa Jh pkSgku dk ;g Hkh dFku gS fd Jh eukst dqekj 'kekZ muls O;fDrxr jaft'k j[krs gS rFkk orZeku esa v/;{k gksus ds ukrs ckj ,lksfl,s'ku fd vke lHkk izHkkfor djrs gS blfy;s bl lEcU/k esa fcuk dksbZ jk; O;Dr djrs gq, rFkk fcuk fdlh i{k ij nks"kkjksi.k djrs gq, U;k; fd n`f"V ls ;g Hkh funsZf'kr fd;k tkrk gS fd mijksDr ckj ,lksfl,'ku fd gksus okyh vke lHkk esa ckj dkSafly vkWQ mŸkjk[k.M ds nks lnL; Jh esgjeku flag dksjaxk lnL; lfpo ,oa Jh vuhy dqekj ifUMr lnL; ckj dkSafly vkWQ mRrjk[k.M crkSj izs{kd izfrHkkx djsaxsA ftuds ns[k&js[k esa gh mijksDr ckj ,slksfl,s'ku dh vke lHkk fd tk;sxhA vke lHkk fd ,d izksQs'kuy QksVksxzkQj ls fofM;ksa xzkQh djk;h tk;sxh rFkk vke lHkk ds feuV vkWQ ehfVax izs{kd fd ns[kjs[k esa gh fy[ks tk;saxs tks fd muds }kjk dkm.Vj lkbu fd;s tk;sxsA ckj ,slksfl,s'ku ds vke lHkk dk izLrko tks Hkh ikfjr gksxk ckj dkSafly ds le{k ;Fkk'kh?kz izLrqr fd;k tk;sxh rFkk pS;jeSu ckj dkSafly ds vuqeksnu ds mijkUr gh ykxw ekuk tk;sxkA vkns'k fnukafdr 01-09-2022 rFkk 14-09-2022 fujLr dj fn;s x;s gS] blfy;s Jh crZoky rFkk Jh pkSgku vke lHkk ds lnL; ekus tk;sxsa rFkk mUgs gksus okyh vke lHkk es izfrHkkx djus dk iw.kZ vf/kdkj Hkh gksxkA ;fn mijksDr vke lHkk esa ckj ,lksfl,s'ku ds pquko lEcfU/kr dksbZ fu.kZ; fy;k tkrk gS rFkk Jh crZoky ,oa Jh pkSgku ds fo:) dksbZ vkns'k ikfjr ugh fd;k tkrk gS rks mu nksuksa dks 'kqYd tek djus gsrq vko';d le; Hkh iznku fd;k tk;sA vke lHkk ds izLrko ds pS;jeSu ckj dkSafly ds vuqeksnu ds mijkUr iNoknwu ckj ,lksfl,s'ku ds pquko ?kksf"kr fd;s tk;sA mijksDr vkns'k dh izfr i{kdkjx.k dks rFkk Jh esgjeku flag dksjaxk lnL; lfpo ,oa Jh vfuy ifUMr lnL;] ckj dkSafly vkWQ mRrjk[k.M dks lwpukFkZ ,oa vko';d dk;Zokgh gsrq izsf"kr dh tk;sA^^ 13. The reason why we are inclined to interfere in these appeals is, that the Bar Council and its Chairman, seem to be completely ignorant and oblivious of their jurisdiction and authority vested by the Advocates Act, 1961, and they are acting and passing orders, as if they have absolute and unbriddled authority to deal with issues concerning the management of a Bar Association in the State of Uttarakhand. 14. Section 6 of the Advocates Act lays down the functions of the State Bar Council. The same reads as follows: “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; (dd) to promote the growth of Bar Associations for the purposes of effective implementation of the welfare schemes referred to in clause (a) of subsection (2) of this section and clause (a) of subsection (2) of section 7; (e) to promote and support law reform; (ee) to conduct seminars and organise talks on legal topics by eminent jurists and publish journals and papers of legal interest; (eee) to organise legal aid to the poor in the prescribed manner; (f) to manage and invest the funds of the Bar Council; (g) to provide for the election of its members; (gg) to visit and inspect Universities in accordance with the directions given under clause (i) of subsection (1) of section 7; (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 assistance 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; (c) establishing law libraries. (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.” 15. (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.” 15. The powers of the Chairman of the Uttarakhand Bar Council have been set out in Chapter III of the Bar Council of Uttarakhand Rules, which read as follows :- “Powers and Duties of Chairman and Vice- Chairman Rules Framed Under Section 15(2)(g) Powers of the Chairman – 1. (a) Save as otherwise provided in these rules, the Chairman shall exercise general supervision and control over the affairs of the Bar Council. (b) He shall preside over the meetings of the Bar Council and its Executive Committee. (c) He shall have the authority to call the meetings of the Bar Council. (d) He shall have the power to order that an emergent and extraordinary meeting of the Bar Council be convened for the consideration of a matter that he may deem urgent or for which a requisition has been received by him. 2. The Chairman while presiding over a meeting shall, decide all points of order raised in the meeting and shall be responsible for maintaining decorum and order in the meeting. 3. The Chairman shall have power to sanction expenditure up to Rs 5000/- outside the budgeted amount, in case of emergency. However, the same shall be reported to the Bar Council in its next meeting for approval. 4. The Chairman or Vice-Chairman shall sign the cheques along with Secretary. 5. The Chairman may assign in writing to the Vice- Chairman such of his duties and functions as he may deem fit and proper. 6. Whenever immediate action is necessary to safeguard the rights, privileges and interests of the advocates, the Chairman shall take immediate action in the matter. 7. The Chairman shall take suitable steps for implementation of the decisions of the Bar Council and shall apprise the Bar Council of the action taken by him at the next meeting.” 16. It is pointed out before us that, when the Chairman passed the order dated 01.09.2022, and when he has passed the latest order dated 03.04.2023, the Chairman Bar Council has acted on his own, and these are not the resolutions of the Bar Council. It is pointed out before us that, when the Chairman passed the order dated 01.09.2022, and when he has passed the latest order dated 03.04.2023, the Chairman Bar Council has acted on his own, and these are not the resolutions of the Bar Council. So far as the order dated 03.04.2023 is concerned, it is argued that the same has been passed by the Chairman in pursuance of the impugned order, and, therefore, the Chairman Bar Council was authorized to pass the same. 17. The appellant-Bar Association is a society registered under the Societies Registration Act (as application to the state of Uttarakhand). Any dispute inter se between the members of the said Society, or between the Society and any of its members can validly be raised before the Registrar constituted under the Societies Registration Act, or any civil court. The appellant-Bar Association passed the resolution expelling the ex-President and the ex-Secretary on the basis of the order passed by the Chairman Bar Council, which itself was founded upon the report prepared by the two member committee (which did not put the ex-Secretary to any notice). The Bar Association did not issue any show cause notice to the ex-President or the ex- Secretary; did not call for the explanation and; did not place the same before the General House for its consideration before passing the resolution dated 14.09.2022. Therefore, in relation to the said resolution, the ex-President and the ex-Secretary would have a cause of action, and they may approach the Registrar, or the civil court to seek appropriate remedy. If that course of action were to be adopted, the same would further entangle the appellant-Bar Association in legal disputes, and that itself may have a bearing on the constitution of the new Managing Committee, which is due for reconstitution, since the extended tenure of the current Managing Committee has already come to an end. 18. In the aforesaid light, we declare that the Bar Council of Uttarakhand, and the Chairman of the Bar Council of Uttarakhand, have no jurisdiction to intermeddle in the matters relating to the management of the Bar Associations, in the State of Uttarakhand, and it is for the Bar Associations and its members to have their rights and obligations determined, either before the Registrar under the Societies Registration Act (as applicable to the State of Uttarakhand), or before a civil court. At the same time, conduct of any Advocate registered with the State Bar Council, which tantamounts to misconduct, can be examined by the Bar Council, and if after conducting a fair enquiry, after due notice to the concerned member, the conduct of such member is found to be objectionable and calls for disciplinary action, the Bar Council should itself take the disciplinary action under Section 35 of the Advocates Act. 19. In the light of the aforesaid, with a view to resolve the impasse, which is presently created, and which is not in the interest of the members of the appellant-Bar Association, as they are entitled to be managed by a new Managing Committee, which is democratically elected, the resolution dated 14.09.2022 passed by the appellant-Bar Association qua the ex- President and the ex-Secretary is, hereby quashed, since it is, ex facie, in violation of the principles of natural justice. The appellant-Bar Association is free to take action against the ex-President and the ex-Secretary after complying with the principles of natural justice, and giving adequate opportunity to respond to the show cause notice that may be issued to them making specific allegations. Once the responses are received, the appellant-Bar Association shall take the matter to the General Body before whom the fate of the ex-President and the ex-Secretary may be determined. This process should be completed by the appellant-Bar Association within the next two months. The appellant-Bar Association shall notify the elections after a decision is taken with regard to the membership of the ex-President and the ex-Secretary, soon thereafter. 20. The concerned District Judge/Additional District Judge shall supervise the General Body meeting. 21. The appeals stand disposed of in the aforesaid terms.