S.A.BOBDE, J.:-

1. The petitioner, an Advocate, has prayed that this court set aside the elections to the Bar Council of Maharashtra and Goa held on 7/1/2010 as illegal, null and void and a further direction that the respondent nos.3, 4 and 5 i.e. Advocate General of Maharashtra, Mr. Pramod Joshi, Advocate and Mr. M.T.Q. Sayyed, Advocate be ordered to continue to hold the charge of the State Bar Council till the fresh elections are held according to the provisions of law.

2. The respondent nos. 6 to 30 to the petition are Advocates elected to the Bar Council of Maharashtra and Goa in the impugned elections. In elections to the Bar Council of Maharashtra and Goa voters were supposed to compulsorily give the first preference vote to any candidate and the giving of other preferences was optional. In the year 2002-2003 the Rules were amended so that every voter had to compulsorily indicate 10 preference votes on the ballot paper, failing which the ballot paper was to be treated as invalid vide Rule 32(g) (hereinafter referred to as “the 10 Preferences Rule). Another Rule i.e. Rule 6(h) (hereinafter referred to as “the Paid Up Subscription Rule”) provided that the name of an A