Accepting strike resolution by presiding officer may amount to misconduct: Allahabad HC pulls up SDM

The Allahabad High Court has pulled up a sub-divisional magistrate (SDM) for adjourning a case in deference to a bar association's strike resolution, saying that such an act may amount to misconduct.

Justice J J Munir also issued a show cause notice to the SDM, Koil, Aligarh asking why appropriate action should not be taken against her for adjourning a case in view of the Bar's resolution.

''Accepting such a strike resolution may amount to misconduct on the part of the presiding officer and could invite a recommendation for disciplinary action including removal from office,'' the court said.

The case pertains to a restoration application filed by one Satyapal Singh before the SDM under section 38(2) of the UP Revenue Code, 2006. The case was adjourned on July 25, 2025 since the advocates were abstaining from work on that day and the matter was fixed for July 28.

Coming down heavily on the conduct of the SDM, the court observed, ''It is well settled by now that any kind of abstinence from professional duty on a call by the bar association is absolutely illegal.'' In this regard, the court referred to certain Supreme Court's decisions in several cases, including that of ex-Capt. Harish Uppal vs. Union of India.

In its order dated July 28, the high court issued a show cause notice to the SDM concerned. The high court also sought full particulars of the bar association, its president and secretary in the affidavit on whose call the advocates abstained from their professional duties in the court of the SDM, Koil, Aligarh. The matter will now be heard on August 6, 2025.

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