LAWS(CHH)-2023-3-64

UTTAM PANDEY Vs. UNION OF INDIA

Decided On March 20, 2023
UTTAM PANDEY Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) Challenge in this petition is to the vires of Sec. 7 (1) (m) of the Advocates Act, 1961 (hereinafter the Act, 1961) to declare it ultra-vires and further prayer is made to quash the order of extension of bar council of 19/08/2020 with respect to State of Chhattisgarh.

(2.) No representation is made on behalf of respondent No.3, despite service of notice.

(3.) The undisputed facts of the case are that on 02/02/2015 the elected body of Bar Council took over the charge for a period of 5 years which was to end on 02/02/2020. After the elected tenure the Bar Council of India in exercise of power under Sec. 8 of the Act, 1961 extended the tenure of the elected body for a further period of six months, which was to last up till 02/08/2020. Subsequently, after expiry of tenure of first extension term, another extension was granted on 19/08/2020 with a retrospective effect to extend the term of the elected body of bar council from 02/08/2020, the date when first extension had expired.