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2017 Supreme(SC) 1229
SUPREME COURT OF INDIA
R.K. AGRAWAL, ABHAY MANOHAR SAPRE, JJ.
Ajayinder Sangwan and Ors. – Petitioner(s)
Versus
Bar Council of Delhi – Respondent(s)
TRANSFERRED CASE (CIVIL) NO. 126 OF 2015
Decided On : 24-11-2017
The central legal point established in the judgment is the importance of timely verification of law degrees for advocates participating in State Bar Council elections to ensure fairness in the electoral process.
Headnote:
Interlocutory Applications - State Bar Council Elections - 23.08.2017 - Summary of Acts and Sections: The court discussed the process of verification of law degrees for advocates participating in State Bar Council elections. The key legal provisions included the verification process, enrollment criteria, and the authority of the Bar Council of India to regulate the elections. The court's decision was influenced by the need for fairness in the electoral process and the importance of timely verification of degrees.
Fact of the Case:
The court addressed interlocutory applications related to the verification of law degrees for advocates participating in State Bar Council elections. The Bar Council of India had directed the verification process and set deadlines for completion.
Finding of the Court:
The court modified its previous order to allow advocates who had submitted their application forms and law degrees for verification to be enrolled and included in the electoral list. The court emphasized the need for expedited verification and set a deadline for the process.
Issues: The main issue was the delay in the verification of law degrees, which could affect the participation of advocates in State Bar Council elections.
Ratio Decidendi: The court decided to include advocates in the electoral list if they had submitted their application forms and law degrees for verification, emphasizing the importance of timely verification and fairness in the electoral process.
Final Decision: The court modified its previous order, allowing advocates to be included in the electoral list and setting a deadline for the verification process. The result of the elections would be subject to the final result of the petition.
ORDER
R.K. Agrawal, J.
1) A bunch of Interlocutory Applications for clarification / impleadment / direction / intervention / appropriate order, in the lead matter, after the order passed by this Court on 23.08.2017, is being disposed of by this common order.
2) Heard learned counsel for the parties.
3) All the impleadment applications are allowed. Let them be impleaded as respondents.
4) Vide order dated 23.08.2017, this Court had directed to hold the election of various State Bar Councils with certain directions. The said directions are reproduced hereinbelow:-
“7) We have been informed by learned senior counsel for the Bar Council of India as well as the respective State Bar Councils that the process of verification is not completed yet. In view of that, to do complete justice to the parties, it would be proper for us to provide a last opportunity for the same as mentioned below:-
(1) 15 (fifteen) days’ time be given to cure the defective applications by the concerned Advocates and to all such advocates to submit their complete application forms for necessary verification of their degrees if they have not submitted the same earlier, from the date of publication of advertisement in two leading newspapers, one in English language and the other in regional language having wide circulation in the respective State/Union Territories, for which advertisement shall be published within 7 days from the passing of this order.
(2) 1 (one) month time for verification of applications, without any charge, by the State Bar Councils, after the expiry of the above 15 (fifteen) days.
(3) The University Authorities shall ensure the verification of degrees awarded by them, without any charge, within 1 (month) on its presentation.
(4) The respective State Bar Councils shall publish a Final Electoral Roll by including the names and particulars of such advocates whose degrees attached with the application forms have been verified by the concerned University authorities. The names of all such advocates who have not removed the defects in the application forms already submitted within the specified time and also such persons whose degrees on verification have been found false or fake by the University authorities shall not be included in the Electoral Rolls.
(5) Bar Council of India to declare the schedule of elections in respective State Bar Councils to be held after the expiry of 75 (seventy five) days, as mentioned above, within one week mentioning therein:-
(i) 15 days for nomination.
(ii) 1 week for withdrawal of nomination.
(iii) to upload final candidates’ list in 1 (one) week.
(iv) to decide the date of election.
8) We further make it clear that all the steps be taken by all the parties concerned in the matter for the purpose of elections in respect of all the Bar Councils where the term of the existing members have already expired or to be expired. We further make it clear that although this order has been passed in favour of the verification only for the purpose of the election but it would also include for the purpose of the verification of all other learned lawyers who have already applied within the time stipulated by this Court.
9) We direct all the State Bar Councils to take necessary steps and to conclude all proceedings by 31.12.2017 and send a reply to the Bar Council of India. Thereafter, the Bar Council of India, after receiving all the replies from the State Bar Councils, would file a status report.”
5) A number of applications have been filed by various State Bar Councils as also by individuals stating that the Universities are taking lot of time to verify the Law Degrees and the advocates who have submitted their forms for verification should not be left out from participating in the elections of the Members of various State Bar Councils with which they have been enrolled.
6) An affidavit has been filed on behalf of the Bar Council of India (BCI) on 15.11.2017 wherein the report of the Minutes of the Fourth Meeting of the Central Ve
