Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Bar Council of India Rules: |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Bar Council of India Rules: r.7 – Election held by State BarCouncil of M.P. – Notice issued for holding first meeting of newlyelected members to conduct elections for various offices and theCommittees of the State Bar Council including off ice ofrepresentative member of the State Bar Council in the Bar Councilof India (BCI) – On 29.6.2014, in the meeting, a Chairman waselected – After election of Chairman, the meeting was adjournedand some of the members left the place of meeting and thereafterremaining members without any further notice to the members whohad left reconvened the meeting and elected ‘SG’ as representativemember of the State Bar Council for the BCI – On the same day, i.e.on 29.6.2014, nine members of State Bar Council objected to thesaid election – On 13.7.2014, thirteen members requested to considera no-confidence motion against the Chairman so elected – Specialmeeting was held on 2.8.2014 – The proposed no-confidence motionagainst the Chairman was withdrawn and the Chairman declaredall the elections except his own as void – All other office bearersand members who were elected submitted their resignation except‘SG’ who refused to resign – Fresh election were held in which ‘PM’was declared elected as representative member of the Bar Councilfor the BCI – Election petition filed by ‘SG’ was dismissed by theBCI – Writ petition by State Bar Council and by ‘SG’ – High Courtheld that election of ‘SG’ and ‘PM’ both were invalid – Appeal by‘PM’ and BCI – Held: The issue of agenda alongwith the notice isrequirement of a valid meeting and it is only in context of adjournedmeeting that no fresh agenda was to be issued – Therefore, issuanceof an agenda for conducting election on 2.8.2014 was necessary –Further, r.7 of BCI Rules required notice by the Secretary of theState Council fixing a date for the election of the member to theCouncil – High Court was, thus, right in its view that election of‘PM’ on 2.8.2014 as member of the BCI was not a valid election – Both the elections dated 29.6.2014 and 2.8.2014 to elect a memberin the BCI having been held to be invalid, High Court was right inissuing directions for conducting a fresh election to elect a memberin the BCI – In view of the dismissal of the appeals, the electionalready conducted on 12.8.2018 be given effect to by al lconcerned – Advocates Act, 1961 – s.49.Writ jurisdiction: Scope of – Held: The findings of the factreached by the inferior Court or Tribunal as resul t of theappreciation of evidence cannot be reopened or questioned in writproceedings – Bar Council of India Rules. |
Judge | Hon'ble Mr. Justice Ashok Bhushan |
Neutral Citation | 2018 INSC 1041 |
Petitioner | Pratap Mehta |
Respondent | Sunil Gupta And Ors. |
SCR | [2018] 11 S.C.R. 1068 |
Judgement Date | 2018-11-02 |
Case Number | 8172 |
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