( 1 ) THE decision of this writ petition turns on the construction of Section 3 (4) of the Advocates Act, 1961, which is as follows :

"an advocate shall be disqualified from voting at an election under sub-section (2) or for being chosen as, and for being, a member of a State Bar Council, unless he possesses such qualifications or satisfies such conditions as may be prescribed in this behalf by the Bar Council of India, and subject to any such rules that may be made, an electoral roll shall be prepared and revised from time to time by each State Bar Council. "

( 2 ) THE exclusive power to make rules as to what qualifications must be possessed and what conditions must be satisfied by an advocate not to become disqualified from voting at an election of members of State Bar Council given to the Bar Council of India is re-emphasised by Section 49 (1) (a) of the Act which is as follows :

"49 (1) The Bar Council of India may make rules for discharging its functions under this Act, and, in particular, such rules may prescribe

(A) the conditions subject to which an advocate may be entitled to vote at an election to the State Bar Council including the qualifications or disq