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2012 Supreme(Bom) 574

PRASANNA B.VARALE, S.A.BOBDE
Mohan Madhukar Sudame – Appellant
Versus
State of Maharashtra – Respondent


Advocates appeared:
For the Petitioner:U.S. Dastane, Advocate.
For the Respondent:R1 & R2, Mrs. Bharti H. Dangre, A.G.P., R3, B.G. Kulkarni, Advocate.

Judgment :

(S.A. Bobde, J.)

1. Writ petition No.3107 of 1994 is filed by a practicing Advocate Mr. Sudame, enrolled on the roll of the Bar Council of Maharashtra and Writ petition No.5654 of 2007 is preferred by an education society, which runs a college. By these writ petitions, the petitioners have challenged Section 64 of the Maharashtra Universities Act, 1994 (For Short the “Act”) under which legal practitioners are not entitled to appear before the College Tribunal. The education society has challenged the order of the University and College Tribunal, Nagpur refusing permission to an Advocate to appear before it in view of Section 64 of the Act. Both the petitioners have challenged Section 64 of the Act as being repugnant by Section 30 of the Advocates Act, 1961 as well as Section 14 of the Indian Bar Councils Act, 1926.

2. Section 64 of the Act bars appearance of legal practitioners before the College Tribunal constituted under the Act. Section 64 reads as follows:

“64. Legal practitioners excluded from appearance:

Notwithstanding anything contained in any law for the time being in force, a legal practitioner shall not be entitled to appear on behalf of any party in any pro
































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