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Grounds and QUESTIONS OF LAW either for IMPEACHMENT or ISSUANCE OF WRIT in the nature of quo-waranto
GROUNDS and question of law for quo-warranto and impeachment of Judges of High Courts.
Kindly consider the following GROUNDS and Question of Law for the aforesaid purposes :-
i) Whether the sitting judges have any right to violate their oaths taken at the time of their appointment.
ii) Whether the Judge has any right to use the pad of an advocate after joining the post of judge.
iii) Whether the Judge has any right to file antedated application / representation for making co-allottee of Bar Council Chamber before the Bihar State Bar Council.
iv) For that Md. Justice A.K. Tripathi of Patna High Court by using his letter head of lawyer printed in the name of Ajay Kumar Tripathi, Advocate dated 30/09/2006, taken oath to the office of judge on 09/10/2006, submitted his petition showing himself “Ajay Tripathi” (Signature Portion) on 28/02/09 vide docket No.248/09 by the Bihar State Bar Council and the same was put up in meeting before the special committee through agenda and the same was allowed vide resolution dated 06/03/09 (vide item No.10) and the same was communicated to Hon'ble Mr. Justice Ajay Kumar Tripathi, High Court of Judicature at Patna vide Reference No.254/09 dated 09/03/09 under the signature of Ashok Kumar, Officiating Secretary, Bihar State Bar Council.
v) Whether the aforesaid conduct is/are good grounds either for impeachment or for issuance of writ in the nature of quo-warranto against Justice Tripathi.
vi) Whether aforesaid omission and commission is permissible under the law or not.
vii) Whether the sitting judge is entitled to hold lawyer chamber No.35 of the Bihar State Bar Council with a lady advocate or not.
viii) For that the Bar Council admitted the fact that the Sri Tripathi is justice and a letter was communicated by the Secretary, evident from the aforesaid fact though his name is still existing as lawyer in the voter list of the 2010 Bihar State Bar Council Election held on 08th January, 2010.
ix) Whether the sitting judge has any right to sale the aforesaid chamber after more that 2 years of joining the post of judge of Patna High Court.
x) For that it is a matter of enquiry that what actual amount was paid to Hon’ble Mr. Justice Tripathi in lieu of aforesaid chamber of Bihar State Bar Council.
xi) Whether the judge is entitled to continue with the lawyer chamber of Bihar State Bar Council.
xii) Whether the judge has any moral duty not to involve in such highly objectionable matter relating to economic and moral ethics.
xiii) Whether judge has any right to deliver lectures during the course of hearing of a particular case giving lesson regarding ethics.
xiv) Whether the Judge has any right to declare himself ‘Muslim’ while deciding any particular case or not.
xv) Whether the Special Committee has any right and power to consider the application of any sitting judge for selling his chamber allotted only because of lawyer.
xvi) For that, if any person seized to be a lawyer is entitled to sell his chamber in the capacity of judge.
xvii) For that, the judge should have to surrender the chamber used as lawyer particularly if the chamber belongs to State Bar Council, Patna.
xviii) Whether the decision of Special Committee is just, proper and complete?
xix) Whether the above named judge should have to resign on the moral ground or not?
xx) Whether the above named Judge as any moral to continue with such Constitutional post of High Court Judge.
xxi) For that any other ground or grounds made out from the previously mentioned facts and circumstances as well as other facts or grounds involving moral responsibility such as business trip etc. to the foreign country.
Kindly consider the following GROUNDS and Question of Law for the aforesaid purposes :-
i) Whether the sitting judges have any right to violate their oaths taken at the time of their appointment.
ii) Whether the Judge has any right to use the pad of an advocate after joining the post of judge.
iii) Whether the Judge has any right to file antedated application / representation for making co-allottee of Bar Council Chamber before the Bihar State Bar Council.
iv) For that Md. Justice A.K. Tripathi of Patna High Court by using his letter head of lawyer printed in the name of Ajay Kumar Tripathi, Advocate dated 30/09/2006, taken oath to the office of judge on 09/10/2006, submitted his petition showing himself “Ajay Tripathi” (Signature Portion) on 28/02/09 vide docket No.248/09 by the Bihar State Bar Council and the same was put up in meeting before the special committee through agenda and the same was allowed vide resolution dated 06/03/09 (vide item No.10) and the same was communicated to Hon'ble Mr. Justice Ajay Kumar Tripathi, High Court of Judicature at Patna vide Reference No.254/09 dated 09/03/09 under the signature of Ashok Kumar, Officiating Secretary, Bihar State Bar Council.
v) Whether the aforesaid conduct is/are good grounds either for impeachment or for issuance of writ in the nature of quo-warranto against Justice Tripathi.
vi) Whether aforesaid omission and commission is permissible under the law or not.
vii) Whether the sitting judge is entitled to hold lawyer chamber No.35 of the Bihar State Bar Council with a lady advocate or not.
viii) For that the Bar Council admitted the fact that the Sri Tripathi is justice and a letter was communicated by the Secretary, evident from the aforesaid fact though his name is still existing as lawyer in the voter list of the 2010 Bihar State Bar Council Election held on 08th January, 2010.
ix) Whether the sitting judge has any right to sale the aforesaid chamber after more that 2 years of joining the post of judge of Patna High Court.
x) For that it is a matter of enquiry that what actual amount was paid to Hon’ble Mr. Justice Tripathi in lieu of aforesaid chamber of Bihar State Bar Council.
xi) Whether the judge is entitled to continue with the lawyer chamber of Bihar State Bar Council.
xii) Whether the judge has any moral duty not to involve in such highly objectionable matter relating to economic and moral ethics.
xiii) Whether judge has any right to deliver lectures during the course of hearing of a particular case giving lesson regarding ethics.
xiv) Whether the Judge has any right to declare himself ‘Muslim’ while deciding any particular case or not.
xv) Whether the Special Committee has any right and power to consider the application of any sitting judge for selling his chamber allotted only because of lawyer.
xvi) For that, if any person seized to be a lawyer is entitled to sell his chamber in the capacity of judge.
xvii) For that, the judge should have to surrender the chamber used as lawyer particularly if the chamber belongs to State Bar Council, Patna.
xviii) Whether the decision of Special Committee is just, proper and complete?
xix) Whether the above named judge should have to resign on the moral ground or not?
xx) Whether the above named Judge as any moral to continue with such Constitutional post of High Court Judge.
xxi) For that any other ground or grounds made out from the previously mentioned facts and circumstances as well as other facts or grounds involving moral responsibility such as business trip etc. to the foreign country.
Respected expert lawyers and jurists are requested to suggest that these grounds are good grounds for impeachment and issuance of a writ in the nature of quo-warranto or not?
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