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2018 Supreme(MP) 821

HEMANT GUPTA, VIJAY KUMAR SHUKLA
Rameshwar Neekhra – Appellant
Versus
State Bar Council of M. P. – Respondent


Advocates Appeared:
Punit Chaturvedi, Adv., P.S. Chaturvedi, Adv., A.S. Kushwaha, Adv., Naman Nagrath, Adv., Jubin Prasad, Adv., Prakash Upadhyay, Adv.

JUDGMENT :

HEMANT GUPTA, CJ.

1. The challenge in the present writ petition is to the election of respondent No.2 as Chairman of Madhya Pradesh State Bar Council on 3rd February, 2018 by a unanimous decision of 22 members present and voting as against total strength of 25 members.

2. The petitioner has filed the present petition challenging the election of respondent No.2 as Chairman of State Bar Council in a meeting held on 3rd February, 2018 on the ground that he as a member of the State Bar Council, had sought leave of absence on the said date but without giving an opportunity to the petitioner to contest the election, the members have elected the respondent No.2 as Chairman in violation of the statutory Rules framed under the Advocates Act, 1961. Learned counsel for the petitioner refers to the following provisions in support of his arguments:

The Advocates Act, 1961

Chapter II

Bar Councils

3. State Bar Councils.- (1) There shall be a Bar Council

*** *** **

(3) There shall be a Chairman and a Vice Chairman of each State Bar Council elected by the Council in such manner as may be prescribed.

3. The Bar Council of India has framed the Bar Council of India Rules (in short "the Rules") in t








































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