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Dave wants SCBA prez chair back right away, as ‘senior’ EC wants to vote and decide after Holi break

Just what is going on at the SCBA?
Just what is going on at the SCBA?

The Supreme Court Bar Association’s (SCBA) former president Dushyant Dave called an SCBA executive committee (EC) meeting today to withdraw his resignation from the SCBA’s presidential post, effective today. The SCBA’s secretary Gaurav Bhatia called the meeting “illegal”.

Bhatia told Legally India that since Dave is not in office currently he has no propriety to convene a meeting of the SCBA’s EC, and that according to convention if a majority of the EC requests for a meeting on a specific date, to vote on an issue, then the SCBA has to respect the wish of those members and convene such a meeting. Also, only the acting president, or the secretary, can convene such a meeting and both were absent from today’s “illegal” meeting he said.

Bhatia said that as the Supreme Court was closing for Holi break today, and re-opening on 29 March, 11 EC members had requested that a meeting to vote on Dave’s withdrawal of his resignation be convened on 29 March.

“11 EC members, and most importantly four out of five office bearers and five out of six senior members have requested for [a meeting on 29 March]. If 11 members are saying that convene a meeting, then convene a meeting. That has been the convention. [The EC] should just consult the acting vice president [for convening a meeting and act accordingly],” commented Bhatia.

“The most shameful part if that [for] 32 days when [the EC] unanimously requested him [to withdraw his resignation] he didn’t listen to us. Now he wants [a decision to be taken right away],| Bhatia added.

Bhatia said that today’s meeting convened by Dave was attended by “six junior members of the EC, one senior member and the treasurer”.

10 SCBA EC members had signed a 17 March letter addressed to the SCBA’s vice president senior advocate Ajit Kumar Sinha and to Bhatia, stating the following:

“In view of the withdrawal of resignation by Mr Dushyant A Dave, senior advocate, vide letter dated 15.3.2016 and having regard to the sentiments expressed by the senior and junior members of the Bar, as well as the views expressed by the Hon’ble Chief Justice of India on the occasion of inauguration of Bar room, we the undersigned accept the withdrawal fo resignation of Mr Dushyant A Dave, senior advocate and request him to resume the office of the president of SCBA. You are requested to convene the meeting tomorrow, i.e. 18.3.2016.”

Dave, who was consecutively re-elected as the SCBA’s president in its December 2015 elections, impulsively resigned from the post in February. This week, one day after the vice president Sinha was voted in acting president to fill in the vacant president post of the bar body, Dave declared that he will withdraw his resignation.

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