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2018 Supreme(MP) 241

HEMANT GUPTA, VIJAY KUMAR SHUKLA
Bar Association Lahar, Dist. Bhind – Appellant
Versus
State Bar Council of M. P. – Respondent


Advocates Appeared:
For the Petitioner: Shri Sameer Seth
For the Respondents: Shri R.K. Sahu

ORDER :

Vijay Kumar Shukla, J.

Both the writ petitions have been transferred for hearing from the Bench at Gwalior to the Principal Seat Jabalpur. In the instant petitions a common pivotal questions are raised for consideration:

(i) Whether the State Bar Council or its Appellate Committee has any authority to interfere with the process of election or to annul the elections conducted by the Bar Associations ? and

(ii) Whether State Bar Council has any authority to interfere with the affairs of Bar Associations regarding action taken against their Members for suspension of membership ?

Before adverting to the legal questions raised for consideration, it is condign to refer the facts, in brief, of both the writ petitions.

2. In W.P. No. 750/2017 filed by the Bar Association, Lahar, District Bhind, the result of the election of the Bar Association was declared on 29th March 2016 and the elected committee took over the charge. The Appellate Committee of the State Bar Council passed a suo motu proceeding and set aside the election of the petitioner. The petitioner – Bar Association preferred W.P. No. 2464/2016 assailing the order passed by the Appellate Committee and the entire suo motu procee










































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