ARVIND KUMAR SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) In this intra-court appeal the challenge is to the order dated 26.4.2010 passed by the learned Single Judge in CWJC. No.6678 of 2010. We think it apt to reproduce the order passed by the learned Single Judge: "Amongst the members of the Bar Council, it is not in dispute that Advocate General is an ex officio member. The Chairman of Bar Council has to be elected by members of the Bard Council from amongst themselves. No statute is shown to me where such election is restricted to elected members by the elected members alone. In that view of the matter, the challenge to the Advocate General filing nomination on the post of Chairman by virtue of him being ex officio member of the Committee cannot be said to be illegal."

(2.) It is submitted by Mr. Dinu Kumar, learned counsel for the appellant that in the scheme of things of the Advocates' Act 1961 and the Rules framed thereunder the Advocate General cannot contest for the post of Chairman being an ex-officio member.

(3.) On earlier occasion we had directed that a copy of the writ petition be served on the Secretary-cum-Returning Officer, Bihar State Bard Council. Mr. Shashi Anugrah, learned senior counsel has entered appearance on behalf of the Bihar State Bar Council - the 3rd respondent. It is submitted by him that the election is over and the learned Advocate General though contested the election for the post of Chairman has not been successful. It is his further sub-mission that in view of the obtaining factual matrix, the issue has become academic. At this juncture, Mr. Dinu Kumar, learned counsel appearing for the appellant, submitted that the order passed by the learned Single Judge if not lanceted would operate as a precedent.