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2023 Supreme(Jhk) 383

S. K. MISHRA, SUJIT NARAYAN PRASAD
Advocate’s Clerks Association, Jharkhand High Court – Appellant
Versus
State of Jharkhand – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Indrajit Sinha.
For the Respondents: Ashutosh Anand, Rajendra Krishna.

ORDER :

1. In this writ petition, the Advocate’s Clerks Association, Jharkhand High Court, Ranchi has prayed for the following reliefs:

    (a) To hold and declare section 4 & 12 of the Jharkhand Advocates’ Clerks Welfare Fund Act, 2018 (Annexure 4) as notified vide notification no. 07 D/Advocate Clerk’s-17/2020-456/J dated 24.04.2020 and Rule 2€ and 2(f) of the Jharkhand Advocate’s Clerks Welfare Fund Rules, 2020 as Ultra Vires being arbitrary, unreasonable, unjust and also the impugned section/rules are so designed that it had made the concerned Act/Rule unworkable and against the interest of the Advocates Clerks.

(b) Upon declaration of the relevant provisions of the Impugned Act/Rule as ultra vires, the Hon’ble Court may be pleased to declare the subsequent actions of the respondents, if any, taken after implementation & execution of the concerned section/rule as bad, illegal and unreasonable.

2. Mr. Indrajit Sinha, learned counsel for the petitioner, submits that he would not press the prayer with respect to holding and declaring Section 4 of the Jharkhand Advocates’ Clerks Welfare Fund Act, 2018 (hereinafter referred to as ‘the Act” for brevity) as ultra vires. He further submits tha

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