SMT. PURNIMA DEVI RATHORE Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By this writ petition, a challenge is made to third proviso of Section 17(1) of the Rajasthan Advocates Welfare Fund Act, 1987 (in short "the Act of 1987"), as amended by the Act of 2012 i.e.

(2.) Rajasthan Advocate Welfare Fund (Amendment) Act, 2012 (for short "the Amendment Act of 2012") apart from Sections 17 and 18 of the Act of 1987, as amended in the year 2012. Brief facts of the case are that petitioner's husband was an Advocate and became Member of the Rajasthan Advocates Welfare Fund (in short "Welfare Fund") on 25th February, 1991. He remained Member of the Welfare Fund continuously for more than 10 years, however, his membership was terminated/ceased due to default in making payment of subscription towards the Welfare Fund. The petitioner's husband was re-admitted as Member of the Welfare Fund on 4th October, 2012. While readmitting, he had deposited complete arrears of subscription with interest for past years.

(3.) The petitioner's husband died on 28th September, 2014. The petitioner prayed for relief under the Act of 1987 but has been denied by the Bar Council of Rajasthan in reference to Sections 16, 17 and 18 of the Act of 1987. For ready reference, the provisions are reproduced hereunder: