SATYA DEV TYAGI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Petitioner is a retired government teacher, and is a social-welfare activist. He is aggrieved by Resolution No. 20 passed on 15/5/2022 and Resolution No. 21 proposed on 27/11/2021 in the Bar Council of Uttarakhand (Annexure No. 1), whereby they have increased the fixed fee, for initiating disciplinary cases against the Advocates, from Rs.1750.00 to Rs.5500..00 Petitioner has placed on record the Bar Council of India Rules, Part VIII as Annexure No. 5.

(2.) As per the above-said Rules - Annexure No. 5, no fee is more than Rs.200.00 and Rs.250.00 till date. Counsel for the petitioner submits that the Resolutions - Annexure No. 1 are ultra vires provisions of Sec. 6(1)(c) of the Advocates Act, 1961.

(3.) On notice of this petition, a counter affidavit has been filed by respondent no. 2 - Bar Council of Uttarakhand. They have placed on record the letter sent by the Bar Council of India to all the State Bar Councils informing about the modification of the Rules - Annexure No. S.C.A.-1, whereby the fee for the purpose of disciplinary action was increased from Rs.450.00 to Rs.1750.00 w.e.f. 4/2/2013. They have further placed on record the Resolution dtd. 27/11/2021 and 14/5/2022 - Annexure No. S.C.A.-2, whereby the State Bar Council decided to enhance the fee from Rs.1750.00 to Rs.5500,.00 and this letter has also been sent to the Bar Council of India for its approval. This counter affidavit is dtd. 7/6/2023.