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1977 Supreme(SC) 143

R.S.SARKARIA, V.R.KRISHNA IYER, JASWANT SINGH
K K Shrivastava – Appellant
Versus
Bhupendra Kumar Jain – Respondent


Judgment

KRISHNA IYER, J.- These tow appeals by special leave relate to the same subject-matter, namely, the validity of the election to the Bar Council of Madhya Pradesh of twenty returned candidates. We are not going into the grounds of the challenge nor do we propose to express any view thereon since we are disposed to allow the appeals on the short ground that the High Court fell into a grievous error in entertaining the writ petition.

2. Briefly the facts are as follows. The election to the Bar Council of Madhya Pradesh tool place under the Indian Advocates Act. There are rules framed by the Bar Council of Madhya Pradesh with the approval of the Bar Council of India regulating the disputes regarding election. There is specific provision regarding the constitution of election tribunals, the period of limitation within which election petitions should be filed and other connected matters. Rule 31 of the Election Rules framed by the Bar Council of Madhya Pradesh governs the situation. The powers of the tribunal so far as we are able to see are wide Moreover, Rule 31 (4) states:

"All disputes arising under the above sub-rule shall be decided by a Tribunal to be known as an Election Tr







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