CHHABIL DASS Vs. INDER SINGH

JUDGEMENT

(1.) By this writ petition the petitioner prays for certiorari quashing the order of the Election Tribunal dated September 9, 1974 setting aside his election as Chairman of the Bar Council of Himachal Pradesh.

(2.) By the State of Himachal Pradesh Act, 1970, Himachal Pradesh became a State on and from January 25, 1971. Section 24 of the Act amended the Advocates Act, 1961, thereby providing for a Bar Council of Himachal Pradesh. The first Bar Council was constituted shortly thereafter, and its first meeting was held on November 7, 1971. When the term of office of the members was due to expire, proceedings were taken for the election of members to succeed them. On August 30, 1972 an election programme was issued setting out the dates for the different stages in the election process. After polling and counting of votes, the Advocate General of Himachal Pradesh verified the list of elected candidates, and the results were published in the Gazette on May 26, 1973.

(3.) It may be stated at this stage that by virtue of Section 24 (5) (a) of the State of Himachal Pradesh Act the rules made or deemed to have been made by the Bar Council of Punjab and Haryana and enforced immediately before the date on which the first Bar Council of Himachal Pradesh was duly constituted were, subject to such modifications and adaptations as were made therein by the Chairman of the Bar Council of Himachal Pradesh to be deemed to be rules made by the Bar Council of Himachal Pradesh and were to have effect accordingly. At that time the rules governing the Bar Council of Punjab and Haryana were the Bar Council of Punjab (Constitution and Conduct of Business) Rules. 1963 thereinafter referred to for convenience as the Rules of 1963), and the Bar Council of Punjab and Haryana Election Rules, 1968 (which for convenience may be referred to as the Rules of 1968). The Chairman of the Bar Council of Himachal Pradesh adopted the two sets of rules with certain modifications and adaptations. Consequently, the Bar council of Himachal Pradesh is governed by the two sets of rules as modified and adapted.