ABDUL AZIZ Vs. STATE

JUDGEMENT

(1.) THIS is a reference by the District Magistrate, Hyderabad City District moving the High Court to quash the order of the 6th City Magistrate in refusing the counsellor of the Hyderabad Municipality to appear for an accused as in his view Clause (f) of Sub -section (1) of Section 31 of the Hyderabad Municipal Corporation Act (Act XXXVI) of 1950 precludes him from appearing for any accused. The District Magistrate has expressed the view with which we concur that the disqualification referred to by the 6th City Magistrate is not one which prohibits him to appear for the accused, but is one which disqualifies a lawyer who being a municipal counsellor appears for an accused in a professional capacity in connection with any cause or proceedings in which the Commissioner of the Corporation is interested or concerned from being a municipal counsellor which is totally a different thing. There is nothing in the Legal Practitioners' Act or in the Municipal Corporation Act itself to preclude a pleader from appearing for an accused. But if he does so, he will be disqualified from continuing as a municipal counsellor a choice which is left to the counsellor -pleader to make if he wants to appear for an accused in a case where the Corporation or the Commissioner is interested. It is not open to the Magistrate to refuse him permission. In this view of the matter, we accept the reference and set aside the order of the Magistrate.