S.M.N.RAINA, M.L.MALIK
BHUPENDRA KUMAR JAIN – Appellant
Versus
Y. S. DHARMADHIKARI – Respondent
( 1 ) THIS is a petition under Articles 226 and 227 of the Constitution.
( 2 ) THE petitioner is an Advocate practising in the High Court of Madhya Pradesh at Jabalpur and is as such a voter having a right to vote at the elections of the madhya Pradesh State Bar Council (hereinafter referred to as 'the Council'), The elections of the members of the Council were held on 4-5-1974 and the result was published by the Secretary of the Council (respondent No. 2) on 4th June, 1974 vide Annexure A. Respondents 3 to 22 were declared duly elected and their names were published in the Madhya Pradesh Gazette, dated 21st June, 1974.
( 3 ) THE petitioner has challenged the election of respondents Nos. 3 to 22 as contrary to law on the following, among other grounds :
(1) The term of office of the members of the previous Council expired on 19-10-1973 and, therefore, there was no validly constituted council thereafter competent to hold the elections of the present council under the Bar Council of Madhya Pradesh Election Rules, 1968 (hereinafter referred to as 'the Election Rules' ). (2) No Returning Officer was appointed by the State Bar Council as required by Clause (p) of Rule 3 of the
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