GYAN CHAND DWIVEDI Vs. ADHIVAKTA MAHA SANGH

JUDGEMENT

(1.) LEAVE to appeal and special leave granted in S.L.P. (C) No. 2126 of 1987. Having heard counsel we pass the following order which will govern both the matters.

(2.) WE are of the view that the directions contained in Clause (1) and Clause (4) of the operative part of the judgment of the High Court could well have been given after hearing the members of the Bar Council who were vitally and directly affected by the finding on these questions. Since the findings recorded in regard to the interpretation of Sub -section (2) of Section 8 of the Advocates Act affect the members of the Bar Council, it was in the fitness of things that they should have been heard. The Learned Counsel for the writ Petitioners states that the members of the Bar Council will now be impleaded having regard to the view that we are inclined to take. We therefore direct that the judgment under appeal in so far as it seeks to interpret Section 8(2) and in so far as the directions 1 and 4 are concerned should be set aside to this limited extent. So far as the question of interpretation of Section 8(2) is concerned, after the members of the Bar Council are impleaded as parties, the High Court will afford reasonable opportunity of hearing to both the sides and decide the matter afresh. The appeals are therefore partly allowed to the aforesaid extent and the matter is remitted for the limited purpose of determining the aforesaid question afresh after affording reasonable opportunity of hearing to all the aforesaid parties including the newly added members of the Bar Council.

(3.) IN view of the fact that the question regarding Section 8(2) requires to be considered in the light of the arguments which may be addressed before the High Court, for the interim period (during the pendency of the Writ Petition in the High Court) we direct that the members of the Bar Council shall be incharge of the affairs pertaining to enrolment of new members to the Bar and to carry on day -to -day activities. They may also incur the necessary expenditure in connection with the carrying on of the routine activities. If any expenditure which does not fall in this category is required to be incurred, direction will be sought from the High Court. Subject to this modification to the limited extent indicated hereinbefore the order passed by the High Court is confirmed. The directions for holding of elections shall be given effect to with a sense of urgency.