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2017 Supreme(Raj) 122

GOVIND MATHUR, KAILASH CHANDRA SHARMA
Rajasthan High Court Advocates Association, Jodhpur through its President, Ranjeet Joshi s/o Shri Ranchhor Dassji Joshi – Appellant
Versus
Bar Council of Rajasthan through its Secretary, Rajasthan High Court Building, Jodhpur – Respondent


Advocates:
Advocate Appeared:
For the Petitioners:Mr. M.R.Singhvi, Senior Advocate, assisted by Mr. Bhavit Sharma.
For the Respondent:Mr. M.S.Singhvi, Senior Advocate, assisted by Mr. Vineet Dave, Mr. Rajat Dave & Mr. Vivek Aggarwal, Mr. Pritam Solanki

ORDER :

1. To challenge “The Bar Associations of Rajasthan Rules, 2013” (hereinafter referred to as ‘the Rules of 2013”), the prominent Bar Associations operating at different stations in the State of Rajasthan, are before us as petitioners in the petitions preferred under Article 226 of the Constitution of India. The petitioner Bar Associations are societies, either registered under the Societies Registration Act, 1860 or under the Rajasthan Societies Registration Act, 1958.

2. The case of the petitioner associations is that the State Bar Council is having no competence to enact the Rules of 2013, prescribing complete code relating to constitution, election, management, working, funding etc. of the Bar Associations. The Rules, as per the petitioners, deserve to be declared ultra vires being enacted by the State Bar Council beyond the competence vested in it. The Rajasthan State Bar Council enacted the Rules aforesaid with preamble that reads as follows:-

“The profession of advocacy is a noble one because the advocate serves the society with all decency, responsibility and with dignity. Advocates are the representative class of society. The leaders of bar project the standard and qual






















































































































































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