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2014 Supreme(P&H) 695

K.KANNAN
Tahir Hussain Ruparya – Appellant
Versus
Bar Council of Punjab and Haryana – Respondent


Advocates:
For the Petitioner:Mr. Raman Sharma, Advocate.
For the Respondent No.1:Mr. Sumeet Puri, Advocate.
For the Respondent No.2:Mr. Kunal Dawar, Advocate.

JUDGMENT

Mr. K. Kannan, J. (Oral) - The petition is at the instance of an Advocate of the Bar Association, Mewat (Nuh), who was declared elected with 118 votes against 120 for the post of a President in the election held on 20.05.2014. A complaint was made by the 2nd respondent contending that he had paid a nomination fee of Rs.5,500/- to the Returning Officer for the election that was originally scheduled to take place on 24.04.2014. There was bedlam and disorder on that date with members indulging in a free-for-all-fight that resulted postponement of the election. The election was postponed to 20.05.2014 with the concurrence of the Bar Council of Punjab and Haryana.

2. The complaint was given by the 2nd respondent before the Bar Council of Punjab and Haryana contending that the election held without naming the 2nd respondent also as a contestant for the post, was not valid. His claim was based on the fact that for the election dated 24.04.2014, he had already paid Rs.5,500/- as nomination fee and the same was received by the Returning Officer and his name must have also been therefore declared as a contestant for the post of President. The Chairman of the Bar Council, who enterta












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