The main legal point established in the judgment is that the State Bar Council had no authority to interfere with the election process or internal affairs of Bar Associations, as there was no provision in the relevant Acts conferring such power.

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 proceedings. This Court by order dated 6-4-2016 has stayed the effect and operation of the order dated 4-4-2016. The said petition was finally decided by order dated 24-11-2016 granting liberty to the Bar Association to file an election petition before the appropriate committee notified by the State Bar Council. The decision taken by the Appellate Committee was directed not to be given effect to.

3. By the impugned order dated 20-12-2016 vide Annexure-P/1, the State Bar Council again initiated suo motu proceedings in respect of the election of the petitioner – Association. The said decision is challenged in the present petition being an arbitrary and discriminatory action. It has been contended that the Appellate Committee of the State Bar Council has no authority and jurisdiction to interfere with the election process of the Bar Association. It is also asserted that as per Clause 26 of the M.P. Model Bye-Laws for Bar Association (for short ‘Model Bye-Laws’) the election of any Bar Association may be subject to an election petition, which may be preferred within 10 days from the date of declaration of the results to the Appellate Committee.

4. In another writ petition filed by the Bar Association, Chachoda, District Guna, assail is to the order dated 27th March 2016 passed by the Appellate Committee of the State Bar Council, directing the petitioner – Association to submit the records as regards suspension of the membership of an advocate, Shri Mohit Shrimal and also to furnish the income and expenses details and documents pertaining to the election held by the Bar Association. By order dated 4-4-2016 the petitioner – Bar Association has been dissolved and the Officiating Secretary of the respondent No.1 has been directed to appoint an adhoc committee. The same issue has been raised that the State Bar Council has no authority to interfere with the affairs of the Bar Association regarding action taken against its members for suspension from membership.

5. On behalf of the State Bar Council it has been submitted that that the State Bar Council is a statutory body having legal obligations to take necessary action in order to maintain uniformity and fair elections as well as welfare of the advocates. It is submitted that Section 2(1)(a) of the Advocates Act, 1961 [hereinafter referred to as ‘the Act’] envisages ‘advocate’-which means an advocate entered in any roll under the provisions of this Act. Section 2(1)(n) of the Act envisages ‘State roll’ -means a roll of advocates prepared and maintained by a State Bar Council under Section 17. Section 6 provides functions of the State Bar Council. Section 28 of the Act empowers the State Bar Council to make Rules and the Bar Associations in the State are also recognized under Section 16 of the Act M.P. Advocates Welfar