MANILAL MANIBHAI GOPALJI DESAI Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner is an advocate of this High Court. The respondent No. 1 is the Union of India, and respondent No. 2 is the Bar Council of this High Court. Upon the Petition made by the petitioner under Art. 226 of the Constitution, Mr. Justice K. K. Desai issued a rule on 4-11-1958 against the respondents to show cause why the provisions of sub-s. (3) of S. 4 of the Indian Bar Councils Act (Act XXXVIII of 1926) and also all the resolutions and rules made thereunder or in conformity therewith should not be declared illegal and ultra vires of the Constitution, and further why an appropriate writ or order or direction should not issue against the respondents or any of them restraining them from holding any elections on the basis of the reservation of seats as contemplated by sub-s. (3) of S. 4.

(2.) It is common knowledge that as a step towards establishing an autonomous bar, the Indian Bar Councils Act was enacted in the year 1926, and Bar Councils were established for certain High Courts including this High Court. The composition of the Bar Councils is dealt with by S. 4 of the Act, which runs thus:

(3.) In pursuance of the rules framed under the Act, elections for filling five seats were ordered to be held on 12-12-1958. The petitioner, who had offered himself as a candidate at those elections, therefore, had sought in addition to the relief or declaration concerning the validity of sub-section (3) of S. 4 and the rules ab initio made thereunder, an interim injunction restraining the Bar Council from holding any elections as then notified. The injunction was refused, and elections have taken place.