Lucknow Bar Association decides to boycott ‘Judicial work’, opposes constitution of GST Tribunal State bench at Allahabad

In a recent development, the Awadh Bar Association has decided to boycott court proceedings today, February 12. .An emergency meeting of the governing council of the Association, along with Designated Senior members of Bar, was held at the Lucknow bench of the High Court on Thursday..A resolution to boycott cort was passed in the wake of an order passed by the Allahabad High Court on February 9 (Writ Tax No.655 of 2018) in which the Court directed the Union of India to constitute the Principal/State Bench of the GST Tribunal at Allahabad. The Association seeks that the Tribunal be located in Lucknow..It is contended by the Lucknow Bar Association that the Court's February 9 order is in conflict with the order in Oudh Bar (Association) High Court, Lucknow v. Union of India.The order has created resentment amongst the members of the Bar at Allahabad and Lucknow, leading to the meeting called on February 10 and 11..The following suggestions/proposals were unanimously accepted by the members collectively:That, the Bar Association would file a Writ petition before the High Court, seeking a prayer of mandamus for “establishment of State bench at Lucknow”.That, the members would not be attending the court of Justice SP Kesarwani and Justice YK Srivastava (the judges who pased the February 9 order), whenever they sit at the Lucknow bench.That, the members would collectively abstain from “Judicial work”on February 12 in support their demand to “establish the State bench of GST at Lucknow, not Allahabad.”.Further, in pursuance to suggestions made by the governing council, members and Senior Advocates, the council has constituted two delegations, one to meet the Chief Minister of Uttar Pradesh and the latter to meet the Unione Finance Minister..The Controversy.The main issue which is the dispute here is the constitution of the Principal bench of GST council in Uttar Pradesh. Here is a timeline of the controversy:● February 21, 2019: The State government recommended that the State Bench of GST Tribunal should be constituted at Lucknow. This aforesaid recommendation was in pursuance of the requeste which was pressed by the GST Council at New Delhi.● March 05, 2019: Another proposal was pressed forward by the State government, which requested to the Secretary of the GST Council New Delhi for creation of State Bench at Allahabad and 19 Area Benches at different places in the State of Uttar Pradesh. By this letter, the State Government has revised its earlier proposal dated February 21, 2019.● Decision by Lucknow Bench: In Oudh Bar Association (Supra) the division bench of Justice Alok Mathur and Justice DK Arora quashed the letter/proposal sent by the Commissioner on March 15, 2019, and it was held that “the amended proposal dated 15.03.2019 sent by the Commissioner, Commercial Tax is quashed. Consequently the earlier proposal dated 21.02.2019, which was a reasoned and considered one, shall be acted upon and GST Benches shall be constituted accordingly,expeditiously, say within three months.”● September 20, 2019: The GST Council held its 37th meeting in which it was observed that for “the State of Uttar Pradesh, Department of Revenue would consider the records/ court orders issued by the Hon’ble High Court Benches of Allahabad and Lucknow taking a final view for the location of a State Bench of the Tribunal in view of the request made by the State of Uttar Pradesh.”● March 14, 2021: The GST Council held its 39thmeeting where it was collectively observed that “For Agenda item 6, the Council approved the proposal for creating State Bench of Goods and Services Tax Appellate Tribunal for the State of Uttar Pradesh at Allahabad and 4 Area Benches at Ghaziabad, Lucknow, Varanasi and Agra.”● Stand taken by Union of India (on Affidavit): It was submitted before the court that “the Department is pursuing to file an SLP in the Hon'ble Supreme Court of India against the Hon’ble Allahabad High Court, Lucknow Bench judgement dated 31.05.2019 in PIL Civil No. 6800 of 2019 before the Hon'ble Supreme Court of India.”● Judgment delivered by Allahabad High Court on February 9, 2021: The most recent development is the order passed by the Allahabad bench, due to which the Awadh Bar Association has ‘boycotted Judicial work’ at the Lucknow Bench. In the said order, the following directions have been issued:The GST Council shall forward its recommendation of Agenda Item No.6 of the 39th Meeting held on March 14, 2020, to the Central Government/ respondent No.1 within two weeks.The Central Government is directed to specify, by notification in terms of sub-Section (6) of Section 109 of the CGST Act, the “State Bench” at Prayagraj (Allahabad) of the Goods and Services Tax Appellate Tribunal and four Area Benches at Ghaziabad, Lucknow, Varanasi and Agra, in the State of Uttar Pradesh for exercising the powers of the Appellate Tribunal. This was to be done within four weeks,The respondent were directed to ensure that the State Bench and the Area Benches of the Appellate Tribunal (Goods and Service Tax Appellate Tribunal) in the State of Uttar Pradesh are made functional as far as possible from April 1, 2021..[READ THE BAR ASSOCIATION RESOLUTION PASSED ON FEBRUARY 11].Read the February 9 Order: