JAVED RAHAT Vs. BAR COUNCIL OF INDIA

JUDGEMENT

(1.) This writ appeal has been filed against the impugned judgment of the learned Single Judge dated 14.5.2004. Heard learned counsel for the parties and perused the record.

(2.) The facts in detail have been set out in the judgment of the learned Single Judge and hence we are not repeating the same except where necessary.

(3.) The petitioner/appellant filed the writ petition praying for the following reliefs:- (i) to restrain the members of the said expired body of Bar Council of Delhi from discharging the statutory duties of State Bar Council and to stay the elections on 29.9.2003 and 30.9.2003; and (ii) to quash the notice dated 25.8.2003 and 17.9.2003 of the expired Bar Council of Delhi; and (iii) to declare the process of election held by the members of the said expired Bar Council of Delhi, as illegal and contrary to the provisions of Advocates Act, 1961, Bar Council of India Rules and Bar Council of Delhi Rules; (iv) to quash all decisions/orders/resolutions passed by the said expired body of Bar Council of Delhi after its expiry on 30.3.2003; and (v) to quash the letter dated 4.3.2003 of the Bar Council of India granting extension w.e.f. 1.4.2003 to the Bar Council of Delhi after its expiry. (vi) to appoint a Special Committee under Section 8A of the Advocates Act, 1961 consisting of advocates enrolled with the Bar Council of Delhi excluding the members of expired Bar Council of Delhi and contesting candidates in the forthcoming election of the Bar Council of Delhi, to discharge the functions of the Bar Council and hold forthcoming elections of members of Bar Council of Delhi in a fair and impartial manner; and (vii) to pass any other orders/directions in the interest of justice.