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1999 Supreme(Ker) 123

S.SAGHIR AHMAD, D.P.WADHWA
Babu Varghese – Appellant
Versus
Bar Council of Kerala – Respondent


Judgment :-

Leave granted.

1. Bar Council of Kerala which was constituted under the Advocates Act, 1961 (for short 'the Act'), on 28th January, 1992, was to last for a term of five years which expired on 27th January 1997. But before the expiry of the term, it approached the Bar Council of India (BCI, for short) though its letter dated 31st December 1996 for extension of its term by six months. A reminder for this purpose was also sent on 13th January, 1997.

2. On receipt of the reminder from the State Bar Council, a Resolution was circulated by the BCI to all its 18 members on 13th January, 1997 proposing to extend the term for a period of six months. In its meeting held on 8th February, 1997, BCI confirmed the Resolution on which opinion was obtained from the members by circulation. It was during this period of six months that elections were held and a new State Bar Council for Kerala was elected.

3. It appears that for holding fresh elections, the Preliminary Electoral Roll was published on 28.12.1996 followed by notice of publication of the final Electoral Roll on 22.1.1997, which was challenged by one Shri. P.O. Chacko, Advocate, by O.P. No. 1987/97 filed in the High Court on 31.















































































































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