K K SHRIVASTAVA Vs. BHUPENDRA KUMAR JAIN

JUDGEMENT

(1.) These tow appeals by special leave relate to the same subject-matter, namely, the validity of the election to the Bar Council of Madhya Pradesh of twenty returned candidates. We are not going into the grounds of the challenge nor do we propose to express any view thereon since we are disposed to allow the appeals on the short ground that the High Court fell into a grievous error in entertaining the writ petition.

(2.) Briefly the facts are as follows. The election to the Bar Council of Madhya Pradesh tool place under the Indian Advocates Act. There are rules framed by the Bar Council of Madhya Pradesh with the approval of the Bar Council of India regulating the disputes regarding election. There is specific provision regarding the constitution of election tribunals, the period of limitation within which election petitions should be filed and other connected matters. Rule 31 of the Election Rules framed by the Bar Council of Madhya Pradesh governs the situation. The powers of the tribunal so far as we are able to see are wide Moreover, Rule 31 (4) states:

(3.) It is represented before us that within the period of limitation prescribed by R. 31 (1). viz., 15 days, an election petition has been filed before the Tribunal constituted under the rules. Notwithstanding the pendency of such an election petition, four months after the period of limitation had expired for filing an election petition, two voters (one of whom was a defeated candidate) moved the High Court under Articles 226 and 227 of the Constitution challenging the validity of the election. The High Court was confronted by the argument from the respondents side that in the presence of an equally efficacious remedy it was not proper for the High Court to entertain a writ petition. However, after noticing the decision which lays down that when there is an appropriate or equally efficacious remedy the writ jurisdiction should not be exercised. the Court nevertheless interfered. The reasoning which prevailed with it was in its own words: