JUDGMENT :

Heard.

1. Challenge in this petition is to the vires of Section 7 (1) (m) of the Advocates Act, 1961 (hereinafter the Act, 1961) to declare it ultra-vires and further prayer is made to quash the order of extension of bar council of 19/08/2020 with respect to State of Chhattisgarh.

2. No representation is made on behalf of respondent No.3, despite service of notice.

3. The undisputed facts of the case are that on 02/02/2015 the elected body of Bar Council took over the charge for a period of 5 years which was to end on 02/02/2020. After the elected tenure the Bar Council of India in exercise of power under Section 8 of the Act, 1961 extended the tenure of the elected body for a further period of six months, which was to last up till 02/08/2020. Subsequently, after expiry of tenure of first extension term, another extension was granted on 19/08/2020 with a retrospective effect to extend the term of the elected body of bar council from 02/08/2020, the date when first extension had expired.

4. It is submitted by the petitioner that further extension of term for the second tenure was made by Bar Council of India under the guise of Section 7 (1) (m) of the Act, 1961. It is stated that Section 7 (1) (m) of the Act, 1961 would be in contravention of Section 8A of the Act, 1961 which allows to the extent of appointment of special committee. Therefore, he would further submit that therefore, the said interpretation which has been drawn by the Bar Council of India while grant of second extension taking the shelter of Section 7 (1) (m) of the Act, 1961 would be completely illegal and therefore, Section 7 (1) (m) of the Act, 1961 would be ultra-vires to Section 8A of the Act, 1961 itself. It is further submitted that during subsequent period, the special committee as per clause (a) of sub-section (2) of Section 3 of the Act, 1961 has been constituted & appointed which is working at present to Chhattisgarh Bar Council. He would further submit that since by wrong interpretation of the law and application of it, powers have been exercised, therefore, Section 7 (1) (m) of the Act, 1961 be declared ultra-vires.

5. Per contra, learned counsel for the respondents would submit that only by mere wrong interpretation, the Section cannot be declared ultra-vires and at present the special committee is working.

6. Despite service of notice to the Bar Council of India, no representation is made.

7. Undisputedly, the facts of this case are that after election of the State Bar Council, the body was elected on 02/02/2015 which was to last up till 01/02/2020. After expiry of the body on 03/02/2020 the State Bar Council had extended the period as first tenure up till 02/08/2020. Subsequent to that again on 19/08/2020, the powers were exercised by the Bar Council of India and corpus of the body of the State Bar Council was extended with retrospective effect from 02/08/2020 in exercise of power under Section 7 (1) (m) and 48B of the Act, 1961.

8. Section 7 (1) (m) of the Act, 1961 whereby Bar Council of India drew its power envisages the functions of the Bar Council of India and the relevant part of Section is reproduced as under:-

7. Functions of Bar Council of India.-

(1) The functions of the Bar Council of India shall be-

(k) to provide for the election of its members;

(l) xxx xxx xxx

(m) to do all other things necessary for discharging the aforesaid functions;

9. Section 48B also envisages the power of Bar Council of India to give directions, which is vested with the Bar Council for a general supervision and control, it empowers Bar Council of India to give such direction. The Section reads as under:-

[48B. Power to give directions.— (1) For the proper and efficient discharge of the functions of a State Bar Council or any Committee thereof, the Bar Council of India may, in the exercise of its powers of general supervision and control, give such directions to the State Bar Council or any committee thereof as may appear to it to be necessary, and the State Bar C