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2011 Supreme(SC) 749

SWATANTER KUMAR, B.S.CHAUHAN
Pratap Chandra Mehta – Appellant
Versus
State Bar Council of M. P. – Respondent


Advocates Appeared:
For Appearing Parties: K.V. Vishwanathan, Fakhruddin and T.S. Doabia, Sr. Advs., Nikhil Majithia, Adv. for Pragati Neekhra, Raj Kishore Chaudhary, Raja Sharma, T. Mahipal, V.K. Verma, Sanjeev Sahdeva, Preet Pal Singh, Priyan and Arjun Garg, Advs.

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 wa


































































































































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