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2021 Supreme(MP) 561

SUJOY PAUL, ANIL VERMA
Vishal D. Remeteke – Appellant
Versus
State of M. P. – Respondent


Advocates:
N.L. Tiwari for petitioner; Sandeep Mehta for Bar Council; Kamal Gupta for respondent No. 4; Suraj Sharma for respondent No. 3; Valmik Sakargayen, Panel Lawyer for respondent/State.

ORDER

Paul, J. -- 1. This petition filed under Article 226 of the Constitution assails the Notification No.1918/21 dated 19.7.2021 whereby the petitioner, an Advocate is suspended by the communication signed by the Secretary of State Bar Council of Madhya Pradesh.

2. Shri Tiwari, learned counsel for petitioner submits that the provision about conduct of Advocate is taken care of in Chapter V of Advocates Act, 1961 (for short “Act”). Section 35 prescribes the procedure pursuant to which an Advocate can be punished for misconduct. By placing heavy reliance on section 35 of the said Act, it is urged that if Bar Council has any reason to believe that any Advocate on its role is guilty of professional or other misconduct, it is required to refer the matter for disposal to the disciplinary committee. It is only the disciplinary committee which can take a decision after putting the Advocate concerned to notice. In the instant case, it is urged that; (i) the decision was never taken by the Disciplinary Committee, (ii) the decision making process is faulty because no show cause notice was served on the present petitioner, (iii) sub-section (2) and (3) of section 35 have not been followed. Th

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