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1980 Supreme(Pat) 9

HARI LAL AGRAWAL, CHAUDHARY SIA SARAN SINHA
Bakshi S. B. P. Sinha – Appellant
Versus
Bihar State Bar Council – Respondent


Judgment

HARI LAL AGRAWAL, J.

1. This writ application under Articles 226 and 227 of the Constitution of India has been filed by some of the Advocates of this Court who were contesting the election of the Bihar State Bar Council, the poll for which took place on 14-12-1978. By this application they are challenging the vires of the resolution of the State Bar Council (respondent No. 1) dated 18-2-1979, cancelling the entire election and to hold fresh election. The grievance of the petitioners is that the Bar Council had no jurisdiction to cancel the election and direct for fresh elections, as that would amount to interfering with the process of election. Although a copy of the resolution has not been filed by the petitioners as it was not available with them, it has been quoted in the counter-affidavit filed by respondent No. 1.

2. The necessary facts may now be briefly stated. Earlier the term of office of the elected members of the Bar Council was only 4 years before the recent amendment of 1978. Now it has been raised to 5 years. As the term of office of the sitting members of the Bar Council was expiring on 22-12-1978, by its Resolution No. 47 adopted at a meeting respondent No.






























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