BAR COUNCIL OF KERALA Vs. THANKAPPAN PILLAI

JUDGEMENT

(1.) This original petition under Art.226 of the Constitution of India is by the Bar Council of Kerala to quash the proceedings of the Bar Council of India evidenced by Exts. P1 to P3 and P13.

(2.) The Bar Council of Kerala is constituted under S.3 of the Advocates Act 1961 (hereinafter referred to as the Act). The Council has 21 members including 20 elected members and the Advocate General Ex Officio. Election to the Bar Council of Kerala was held in July, 1980. The term of Office of the elected members of the Bar Council is for a period of five years from the date of publication of the results of the election. The Ist respondent is one of the members elected to the Bar Council of Kerala.

(3.) The Bar Council of India is constituted under S.4 of the Act, and its members are the Attorney General of India and the Solicitor General of India Ex Officio and one member each elected by each State Bar Council from among its members. The term of Office of a member of the Bar Council of India elected by the State Bar Council is for the period for which he holds office as a member of the State Bar Council, subject to the proviso to sub-section (3) that every such member shall continue to hold office until his successor is elected. S.5 of the Act enacts that every Bar Council shall be a body-corporate having perpetual succession and a common seal with power to acquire and hold property and may by the name by which it is known sue and be sued. The functions of the State Bar Councils are enumerated in S.6 of the Act and the functions of the Bar Council of India are enumerated in S.7. S.9 provides for the constitution of disciplinary committees of the State Bar Councils. S.15 empowers the State Bar Councils to make Rules to carry out the purposes of Chap.2 of the Act. S.3 to 15 are in Chapter II and relate to the constitution, functions etc. of the Bar Councils of the States as well as the Bar Council of India.