YOUNG LAWYERS ASSOCN Vs. BIHAR STATE BAR COUNCIL

JUDGEMENT

(1.) This application has been filed on behalf of the petitioner for a writ of mandamus directing the respondents to enter the name of every advocate, whose name a pears in the State roll, maintained by the Bihar State Bar Council (hereinafter referred to as the State Bar Council'),in the electoral roll which is being prepared by the State Bar Council for the election of the members of the State Bar Council.

(2.) According to the petitioner majority of the advocates who have been enrolled by the State Bar Council and whose names appear on the State Roll have not been included in the electoral roll prepared for the election to be held. This happened because the advocates, who have been practising in the different district courts and Sub-Divisional Courts, had no information that before their names are entered in the electoral roll they have to furnish the details in the prescribed forms in terms of Rule 4 of the Bar Council of India Rules (hereinafter referred to as 'the Rules').

(3.) In view of S.3(1) of the Advocates Act, 1961 (hereinafter referred to as 'the Act') for each State there has to be a Bar Council. Sub-Section (2) of S.3 prescribes the details of the members of that Bar Council. Section 3(2)(b) which is relevant in the present case is as follows :-