G RAJAGOPALACHAR Vs. GOVERNMENT OF MYSORE

JUDGEMENT

(1.) This revision petition has been filed under Section 151 of the Code of Civil Procedure, Section 10 of the Mysore High Court Act and Article 227 of the Constitution of India, against an order of the District Judge, Bangalore, refusing to stay an enquiry that is being conducted by him in Miscellaneous case No. 134 of 50-51. The enquiry which was ordered on 7-7-50 is being made under section 11. of the Mysore Legal Practitioners Act, III of 1884, against the two petitioners who are advocates of this court practising in Tumkur and Bangalore respectively.

(2.) For the petitioners their learned Counsel, Mr. M. P. Somasekhara Rao contends, that the Bar Councils Act of 1926 and the Legal Practitioners Act of 1879 have been since extended to Mysore by the Part B States (Laws) Act of 1951. The effect of such extension of these Acts is, according to him, that the Mysore Legal Practitioners Act has ceased to be in force jn Mysore and the present enquiry which was ordered by this Court under that Act can no longer be continued as the Bar Council is now the only body which can enquire into cases of professional .misconduct by virtue of section 10 of the Bar Councils Act; and the same has not yet been formed in Mysore. It is further urged that even if the Indian Bar Councils Act is held not to be in force in Mysore under the proviso to Section 41 of the Legal Practitioners Act of 1879 an advocate is entitled to 'an opportunity of defending himself before the High Court which enrolled him' before he can be punished under that section.

(3.) We think there is no force in these contentions. The Part B States (Laws) Act, III of 1951, which received the assent of the President on February 1951 and which provides for the extension of certain laws into Part B states was to come into force on such date as the Central Government may by notification in the Official Gazette direct. Both the Legal Practitioners Act, VIII of 1879, and the Indian Bar Councils Act, XXXVIII of 1926, are among those specified in the schedule to that Act which are to be and have been so extended to Mysore with effect from 1-4-1951. But when we come to examine those Acts jt is found that only certain provisions of those Acts came into effect immediately in Mysore by virtue of the provisions of the Part B States (Laws) Act which may be referred to as the "extending Act" on the day to be appointed by a Central Government's notification, and that the rest of the provisions of those Acts would operate in Mysore and have effect only after certain other formalities have been gone through under those Acts.