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2018 Supreme(MP) 821
IN THE HIGH COURT OF MADHYA PRADESH
HEMANT GUPTA, CJ, VIJAY KUMAR SHUKLA, J.
Rameshwar Neekhra - Appellant
Versus
State Bar Council of M.P. and Others - Respondent
Writ Petition No. 4499 of 2018
Decided On : 26-02-2018
Punit Chaturvedi, Adv., P.S. Chaturvedi, Adv., A.S. Kushwaha, Adv., Naman Nagrath, Adv., Jubin Prasad, Adv., Prakash Upadhyay, Adv.
The main legal point established in the judgment is that the election of the Chairman of the State Bar Council was conducted in accordance with the statutory rules and was transparent, as it was a unanimous decision by the members present.
Headnote:
Election - State Bar Council - Advocates Act, 1961, Chapter II - Section 3, Bar Council of India Rules - Chapter II, Chapter VI, Chapter XVII, Chapter XVIII - Summary: The court discussed the election of the Chairman of the State Bar Council and the relevant provisions under the Advocates Act, 1961, and the Bar Council of India Rules. It highlighted the statutory rules regarding the election process, resignation, and filling of vacancies, and emphasized that the unanimous election of the Chairman was in accordance with the rules and transparent.
Fact of the Case:
The petitioner challenged the election of respondent No.2 as Chairman of the State Bar Council, alleging violation of statutory rules under the Advocates Act, 1961.
Finding of the Court:
The court found that the election of respondent No.2 as Chairman was unanimous and in accordance with the statutory rules. It dismissed the petition, noting that the petitioner, a minority member, invoked the writ jurisdiction of the court due to dissatisfaction with the election.
Issues: The issues revolved around the election process, resignation, and filling of vacancies in the State Bar Council, as well as the interpretation of relevant statutory rules.
Ratio Decidendi: The court held that the election of the Chairman was conducted in accordance with the statutory rules, and the arguments raised by the petitioner were not tenable. It emphasized that the unanimous election was transparent and in compliance with the rules.
Final Decision: The petition was dismissed by the court, finding no merit in the petitioner's claims.
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
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(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 terms of Section 15 and in terms of Sub-section (3) of Section 3 of the Advocates Act, 1961. The petitioner relies upon the following Rules:-
PART II
MATTERS RELATING TO THE BAR COUNCIL OF INDIA
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C. ELECTION OF CHAIRMAN AND VICE-CHAIRMAN
12. (1) *** *** ***
(2) *** *** ***
(3) The Chairman or the Vice-Chairman may resign his office by letter addressed to the Secretary of the Council. Such resignation shall take effect from the date of the acceptance thereof by the Council or from such other date as the Council may fix:
Provided in the eventuality of mid-term poll of the office of the Chairman or Vice-Chairman, the term shall be of the residuary term. 13. If the Chairman or the Vice-Chairman ceases to be a member of the Council for any reason, the vacancy shall be filled up by election as far as possible at the next meeting of the Council."
4. Learned counsel for the petitioner also refers to the State Bar Council of Madhya Pradesh Rules approved by Bar Council of India (for short "the State Rules"). The Rules referred to by the petitioner are mentioned as under:-
Chapter - V
RULES. MEETING OF THE BAR COUNCIL
"1. After elections to the State Bar Council under Section 8 of the Advocates Act are held, the first meeting of the Bar Council shall be called, as far as possible within 30 days from the date of declaration of the result of the election to elect the Chairman and Vice-Chairman of the Council. A notice of at least 21 days shall be given for the general meeting to be held for this purpose. The notice of the meeting shall be sent by hand delivery or registered post. The first meeting of the Council shall be presided over by the Advocate-General, but if for some reasons the Advocate-General does not attend the meeting, then the Council shall appoint any one of the members who is not a candidate for the election of Chairman or Vice-Chairman to preside over the meeting.
1.(A) No proceeding shall be invalidated merely on the ground that the rule relating to notice is not strictly complied with.
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Chapter - VI
RULES COMMON TO ALL COMMITTEES
12. Calling of Meetings- The Secretary in consultation with the President of a Committee, shall circulate the agenda for the meeting of such Committee to its members or such other persons who is specially invited and shall intimate to them the date, time and place of such meeting at least seven days before such meeting of any committee.
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Chapter XVII
POWERS AND DUTIES OF THE CHAIRMAN AND VICECHAIRMAN
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VICE CHAIRMAN
117. The Vice-Chairman shall exercise all the powers and discharge all the functions of the Chairman, in the absence of the Chairman or in the event of his inability to discharge his functions. He shall perform such other functions as may be delegated to him in writing by the Chairman.
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