MANUBHAI P VASHI Vs. BAR COUNCIL OF INDIA

JUDGEMENT

(1.) These two writ petitions have been placed before me pursuant to the order made by the Honble the Chief Justice. These Petitions were filed basically challenging Rule 6(h) & 6(i) of the Rules framed by the Bar Council of Maharashtra & Goa, as also Rule 32(h) of the Election Rules framed by the Bar Council of Maharashtra & Goa and the elections to the Bar Council of Maharashtra and Goa held on the basis of these Rules in the year 2004. These two petitions came for final hearing before the Division Bench consisting of Honble Mr. Justice F.I.Rebello and the Honble Mr. Justice A.V.Mohta. The two learned Judges presiding over the Division Bench delivered two separate judgments. The Honble Mr.Justice F.I.Rebello held that Rule 6(h) & (i) of the Election Rules framed by the Bar Council of Maharashtra & Goa (hereinafter referred to as the State Election Rules) is invalid. He further held that, however, invalidity of that rule does not affect in any way the result of the election because the Bar Council of India has also framed a rule to the same effect. Honble Mr.Justice A.V.Mohta has held that Rule 6(h) of the State Election Rules is valid.

(2.) The Honble Mr.Justice F.I.Rebello has held that Rule 32(g) of the State Election Rules in invalid, as a consequence he has directed recounting of votes which were declared invalid because of Rule 32(g) of the State Election Rules. The Honble Mr.Justice A.V.Mohta, however, has held that Rule 32(g) of the State Election Rules is valid, as a consequence he has dismissed the petition.

(3.) The Division Bench by order dated 10-4-2007 held that difference of opinion amongst them is on the following two points: