MOHD ARSHAD KHAN Vs. BAR COUNCIL OF INDIA

JUDGEMENT

(1.) This order shall govern the disposal of W. P. (C) Nos. 1266 and 1366 of 2013 as the points involved in them are identical. I shall proceed to state the facts from the record of W. P. (C) No. 1266 of 2013.

(2.) The petitioners, who are practising lawyers of State of Chhattisgarh, also participated in the election process, have approached this Court challenging the entire process of Chhattisgarh State Bar Council (hereinafter referred to as the State Bar Council).

(3.) Facts, in nutshell, as projected by the petitioners are that the original term of the outgoing members of the State Bar Council was till 15-11-2012, which was extended by the Bar Council of India (henceforth, the BCI) for a further period of 6 months, which was expired on 15-5-2013, and thereafter, elections of the State Bar Council are required to be conducted, as per the provisions of Section 8A of the Advocates Act, 1961 (hereinafter referred to as the Act of 1961), which have not been complied with by the respondents No. 2 & 4, and therefore, the ongoing election being conducted by respondents No. 2 & 4 is bad in the eye of law.