RAJ NATH SHARMA Vs. BIHAR STATE BAR COUNCIL

JUDGEMENT

(1.) This writ application has been filed seeking following reliefs:-

(2.) Petitioner asserts that he is an advocate-on-record of this Court having AOR No 01905 and is on the State Roll of Bihar State Bar Council (hereinafter referred to as 'the BSBC'). Elections were held for electing the members of BSBC in 2018 whereafter the Returning Officer, appointed for the elections, declared 25 members (Respondent 4 to 28) elected, leading to issuance of a Gazette notification, vide BCI-D-2520/2018 (council) dated 23.06.2018. Thereafter, the BCI issued guidelines to the BSBC for elections of the office bearers of BSBC and a member Representative for the Bar Council of India (hereinafter referred to as 'the BCI'). The said guidelines fixed 1 1/2 years tenure for the Chairman, Vice-Chairman, Executive Chairman and Executive Vice-Chairman, 2 years for Building-cum-Chamber Committee, 2 years for the Enrollment Committee, Co-Chairmen, members of Executive Committee and Disciplinary Committee. On 23/06/2018 itself, the guidelines of BCI were adopted vide Resolution No 14/2018 dated 12/08/2018 passed by the General Body of BSBC. General Body of the BSBC, vide resolution dated 26/09/2018 constituted committees in accordance with the said guidelines issued by the BCI.

(3.) It is the petitioner's case that as the Advocates Act, 1961 (hereinafter referred to as the Act) does not vest such power in the BCI to issue guidelines and fix tenures of its members, the issuance of such guidelines by the BCI and compliance by the BSBC is illegal, beyond jurisdiction and therefore unsustainable. These guidelines are, according to him, contrary to the provisions under Sections 3(3), 5, 6, 9 (1), 9(2), 10(1)(a) and 10(1)(b) of the Act.