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2003 Supreme(All) 1950

R.S.TRIPATHI, M.KATJU
ADITYA NARAYAN SINGH – Appellant
Versus
STATE ELECTION COMMISSION – Respondent


Advocates Appeared:
P.N.RAI, Yogesh Agarwal

M. KATJU, R. S. TRIPATHI, JJ.

( 1 ) HEARD learned counsel for the petitioner and Shri P. N. Rai learned counsel for the respondents.

( 2 ) THE petitioner has prayed for a mandamus directing the respondent-State Election commission to re-allocate the work of the Commission amongst the standing counsels of the commission by just reasonable, fair order of allocation of work of the Commission and further not insist upon the petitioner to handover the files of pending cases to another counsel and to pay the unpaid past expenses of the certified copies of the final orders, and fee etc.

( 3 ) IN our view, it is the discretion of the client to choose his counsel. The learned counsel for the petitioner relied upon the decision of a Division Bench of the Andhra Pradesh High Court in the case of Damodardass Aqarwal and Ors. v. Badrilal and Ors. , AIR 1987 AP 254 (DB), in which it was held that the leave of the Court is necessary for the client for terminating the appointment of his advocate. We respectfully disagree with the view taken in the aforesaid decision. In our opinion, the relationship between a litigant and a lawyer is purely, contractual, and it can be terminated at any time by the





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