B.C.MISRA, V.S.DESHPANDE
BAR COUNCIL OF DELHI – Appellant
Versus
BAR COUNCIL OF INDIA – Respondent
( 1 ) CAN a State Bar Council acting under section 15 of the Advocates Act, 1961 (briefly "the Act") make a rule to provide for the removal of its Chairman by passing a resolution of no confidence against him in a meeting of the Bar Council summoned for that purpose ? The question has arisen for decision as follows :-
( 2 ) AFTER the Delhi Bar Council was elected in January, 1969, the members of the Council elected Shri Radhe Mohan Lal as the Chairman of the Delhi Bar Council. Later differences arose between him and some of the members of the Bar Council. A meeting of the Bar Council was called on September 22, 1972 in which a resolution of no confidence was passed against the Chairman by a majority. But the Chairman disputed the legality of the resolution and sought the directions of the Bar Council of India who heard the Chairman and the Delhi Bar Council on October 21, 1972. The majority of the Bar Council of India expressed the view that (a) there was no provision either in the Act or under the Rules framed thereunder for removal of the Chairman by a no confidence motion passed against him in a metting of the liar Council, and (b) no rule for such removal of
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