Gopal Sri Ram JCA:

This appeal is directed against the order of the High Court dismissing the appellant's application for leave to apply for judicial review. The Malaysian Bar (the first respondent before us) does not oppose this appeal, but the Government of Malaysia (the second respondent) does. The facts relevant to the present appeal lie within a narrow compass.

The appellant is an advocate and solicitor. On 14 July 2001 he became the Vice President of a political party. As a member of the Bar, he is entitled to be elected to the executive arm of the Malaysian Bar, namely, the Bar Council. In fact he was elected to the Bar Council for year 2001-2002. But s. 46A of the Legal Profession Act 1976, disqualifies him from holding office. That section reads as follows:

46A.(1) A person shall be disqualified for being a member of the Bar Council or a Bar Committee, or of any committee of the Bar Council or a Bar Committee:

(a) unless he is and has been an advocate and solicitor for a period of not less than seven years, or for periods which in the aggregate amount to not less than seven years; or

(b) if he is a member of either House of Parliament, or of a State Legislative As