CHINMAY MOHANTY Vs. BAR COUNCIL OF INDIA

JUDGEMENT

(1.) Two persons have joined as petitioners. Petitioner no.1 claims to be former Chairman of Odisha State Bar Council and petitioner no.2, three times elected member of Odisha State Bar Council. Mr. Mohanty, learned senior advocate appears on their behalf. He submits, election has not been held in the State Bar Council. He draws attention to paragraph 3F of the petition, where there is clear averment that the State Bar Council (O.P. no.2) conducted its last Council Election in year 2014 and tenure of the members expired on 5/5/2019. There is further statement that the State Bar Council had by letter dtd. 27/1/2019 written to Bar Council of India (O.P. no.1) for extension of the term under sec. 8 in Advocates Act, 1961.

(2.) He relies on following judgments of the Supreme Court.

(3.) Mr. Das, learned advocate appears on behalf of opposite party no.2. He, on behalf of his client has filed memorandum dtd. 3/1/2022 pursuant to direction in order dtd. 16/12/2021. In this connection paragraphs 3 and 4 in said order dtd. 16/12/2021 are reproduced below.