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HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

D.B. Special Appeal Writ No. 665/2023

1.

Gunjan Kumar Kumawat S/o Sh. Gyan Chand Kumawat,

Aged About 40 Years, R/o P.no. 6, Ram Sadan, Khandela

House, Behind Amber Tower, Sansar Chandra Road, Jaipur

2.

Balram Jakhar S/o Rajendra Singh, Aged About 43 Years,

R/o A-223, Dr. Rajendra Prasad Nagar, Nirman Nagar,

Jaipur

3.

Narendra Singh Shekhawat S/o Sh. Mahendra Singh

Shekhawat, Aged About 44 Years, R/o A-520, Tara Nagar-

A, Jhotwara, Jaipur

4.

Bansi Dhar Sharma S/o Sh. Hanuman Prasad Sharma,

Aged About 47 Years, R/o C-27, Vikas Nagar, Ajmer Road,

Jaipur

----Appellants

Versus

1.

The Bar Council Of Rajasthan, Through Its Secretary,

Rajasthan High Court Building, Jodhpur

2.

The Bar Association Jaipur, Session Court Campus,

Banipark, Jaipur Through Election Tribunal, Member Sh.

Yogendra Singh Tanwar

3.

The Bar Association Jaipur, Session Court Campus,

Banipark, Jaipur Through Election Tribunal, Member Sh.

Dilip Singh Sihag

4.

The Bar Association Jaipur, Session Court Campus,

Banipark, Jaipur Through Election Tribunal, Member Sh.

Virendra Kumar Yadav

----Respondents

For Appellant(s)

:

Dr. Abhinav Sharma with

Ms. Puja Sharma

Mr. Prahlad Sharma

Mr. Balram Jakhar,

Mr. Gunjan Kumawat,

Mr. Banshi Dhar Sharma &

Mr. Narendra Singh Shekhawat,

petitioners present in person.

For Respondent(s)

:

Mr. Jag Mohan Saxena

Mr. Madhav Mitra, Senior Advocate

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[SAW-665/2023]

Mr. Prateek Kasliwal with

Ms. Gauri Jasana

Ms. Gunjan Agrawal

Mr. Kapil Prakash Mathur

HON'BLE THE CHIEF JUSTICE AUGUSTINE GEORGE MASIH

HON'BLE MR. JUSTICE SAMEER JAIN

Order

24/08/2023

D.B. Civil Misc. Application Nos.1/2023 and 2/2023

1.

Instant applications have been filed under Order 41 Rule 27

CPC for taking certain documents on record.

2.

For the reasons mentioned in the applications, the same are

allowed. The documents filed along with the applications are taken

on record.

D.B. Civil Special Appeal (Writ) No.665/2023:

1.

This appeal has been preferred by the appellants-petitioners

impugning the order dated 03.08.2023, passed by the learned

Single Judge, disposing of the writ petition preferred by the

appellants-petitioners assailing the clarification with regard to the

guidelines and norms, especially paragraph 6(b) thereof explaining

the words ‘preceding year’, dated 19.07.2023 by observing that

the clarification be sought from the Division Bench by filing an

appropriate application in D.B. Civil Writ Petition No.13020/2015-

The Rajasthan High Court Advocates Association, Jodhpur Vs. The

Bar Council of Rajasthan & Ors., decided on 12.09.2017 regarding

the said guideline.

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[SAW-665/2023]

2.

Briefly, the facts are that the Bar Council of Rajasthan

enacted ‘The Bar Associations of Rajasthan Rules, 2013’ with an

intention to promote the growth of Bar Associations for the

purpose of effective implementation of welfare schemes and to

improve the election process.

The jurisdiction of the Bar Council of Rajasthan to enact such

rules being ultra vires the Advocates Act, 1961 and the Rules

framed thereunder, came to be challenged by filing a writ petition,

which was allowed by the Division Bench of this Court vide order

dated 06.02.2017 holding that the Bar Council lacks competence

to frame such rules. While declaring the rules ultra vires, the

Court proceeded to consider whether appropriate directions could

be issued to extend certain guidelines and norms while exercising

powers under Article 226 of the Constitution of India in tune with

the judgment of the Hon’ble Supreme Court in the case of

Supreme Court Bar Association Vs. B.D. Kaushik, reported

in (2011) 13 SCC 774.

All the Bar Associations consented to the same. It was finally

thought appropriate that a Committee be constituted to advise

and assist the Court in suggesting necess