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2008 Supreme(Pat) 919

AJAY KUMAR TRIPATHI
Praveen Kumar – Appellant
Versus
Union Of India – Respondent


Judgment

1. Learned counsel appearing in person is given liberty to delete paragraph No. 11 of the rejoinder affidavit filed in the case.

2. The writ application has been filed by the Advocate of this Hon ble Court challenging a notification dated 3-3-2008. By virtue of this notification, the Bar Council of India while exercising power under Section 8-A of the Advocates Act, 1961 , has constituted a Special Committee of three persons because the election to the body which is Bihar State Bar Council (B. S. B. C.) was not held within the statutory period. Petitioner has a grievance especially on the nomination of two persons in the Special Committee who were members of the outgoing council. There cannot be any dispute that the Advocate General shall have to be one of the persons nominated in this regard ex officio but, nomination of two other persons who too had a duty and moral responsibility to see the election is held within time cannot be made part and parcel of the Special Committee. It would amount to conferring a recognition despite failed responsibility of holding the next election within the time frame.

3. No doubt the powers under Sec. 8-A has been given to the Bar Council o






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