JUDGMENT

Swatanter Kumar, J.

1. Leave granted.

2. From the very simple facts of these cases, the following substantial questions of law and public importance arise for consideration of this Court:

(1) Whether the provisions of Rules 121 and 122A of the State Bar Council of Madhya Pradesh Rules (for short, the 'M.P. Rules') are ultra vires Section 15 of the Advocates Act, 1961 (for short, 'the Advocates Act'), inter alia for the reason that there is no nexus between the rule making power of the State Bar Councils and the powers provided under Section 15(1) or 15(2)(c) of the Advocates Act? Was the delegation of legislative power under Section 15 of the Advocates Act excessive, inasmuch as it does not provide any guidelines for removal of office-bearers of the State Bar Councils?

(2) Whether despite the absence of the enabling provisions in the principal statute, namely, the Advocates Act, empowering subordinate State Bar Councils to enact provisions for removal of the office bearers of the State Bar Councils by 'no confidence motions', such power could be read into the general clause of Section 15(1) of the Advocates Act?

(3) Whether Rules 121 and 122A of the M.P. Rules are invalid for want of prior approval from the Bar Council of India?

3. The necessary facts are that the Parliament enacted the Advocates Act on 19th May, 1961. Section 15 of the Advocates Act empowers the State Bar Councils to frame Rules to carry out the powers conferred upon the State Bar Councils under Sections 15(1), 15(2), 28(1) and 28(2) read with Chapter II and other provisions of the Advocates Act. The State Bar Council of Madhya Pradesh (for short 'the State Bar Council'), with the approval of the Bar Council of India, made and published the M.P. Rules in 1962. These M.P. Rules came to be amended on 27th April, 1975.

4. Section 15 of the Advocates Act provides that the State Bar Councils can frame/amend the Rules with prior approval of the Bar Council of India. Section 15(2)(a) of the Advocates Act read with Part III and IX of the Bar Council of India Rules (for short, 'the Rules') contemplates that election to the State Bar Council shall be held. In furtherance to this legislative mandate, the election to the State Bar Council were held in the year 2008 and Mr. Rameshwar Neekhra was elected as Member and then Chairman of the State Bar Council by its members on 31st August, 2008. After the expiry of 21/2 years, fresh elections were held on 12th February, 2011 and the said Mr. Neekhra was again elected as member, and then the Chairman of the State Bar Council by its members. He is stated to have secured 21 votes, out of a total 25 votes of the Members of the State Bar Council. Mr. Adarsh Muni Trivedi was elected as Vice-Chairman of the State Bar Council.

5. At the very threshold of the 15th Meeting of the General Body of the State Bar Council held on 27th March, 2011 at Jabalpur, a number of Members submitted two requisitions: one stated that due to lack of confidence in the Chairman and Vice-Chairman, a 'no confidence motion' should be issued; and the second requisition stated that, since the election of the Committees for the second term was not as per the constitution, re-election for the Committees may be conducted. They requested the State Bar Council to call a special meeting to consider these requisitions. It is also recorded in these Minutes that the Chairman and Vice-Chairman had offered their resignation, subject to withdrawal of the requisition of 'no confidence motion'. There was a long discussion, whereafter it was resolved that the agenda of the special meeting was to be circulated on the same day i.e. 27th March, 2011 by registered post. Copy of the resolution passed and the requisition motion of 'no confidence', would be circulated to all Hon'ble Members of the State Bar Council i.e. who were present and those who were not present. These Minutes, annexed as 'P-10' (colly) to the petition, read as under:

Before the start of the meeting Hon'ble Mem