Sri Gyan Chand Dwivedi & Ors. Vs. Adhivakta Maha Sangh & Ors.
EmailAppeal: Civil Appeal No. Of 1987.
(Arising Out Of Special Leave Petition (Civil) No.2126 of 1987).
(Arising Out Of Special Leave Petition (Civil) No.2126 of 1987).
Petitioner: Sri Gyan Chand Dwivedi & Ors.
Respondent: Adhivakta Maha Sangh & Ors.
Apeal: Civil Appeal No. Of 1987.
(Arising Out Of Special Leave Petition (Civil) No.2126 of 1987).
(Arising Out Of Special Leave Petition (Civil) No.2126 of 1987).
Judges: M.P. THAKKAR & B.C. RAY, JJ.
Date of Judgment: Feb 23, 1987
Head Note:
ADVOCATES ACT, 1961:
Section 8(2) – Findings recorded by High Court in respect of interpretation of Section 8(2) – Members of the Bar Council who were vitally and directly affected not heard – Members of the Bar Council to be impleaded and High Court to afford reasonable opportunity of hearing.
JUDGEMENT:
ORDER
Leave to appeal and special leave granted in S.L.P. (C) No.2126 of 1987. Having heard counsel we pass the following order which will govern both the matters.
I
We are of the view that the directions contained in clause (4) of the operative part of the judgment of the High Court could well have been given after hearing the members of the Bar Council who were vitally and directly affected by the findings on these questions. Since the findings recorded in regard to the interpretation of sub-section (2) of Section 8 of the Advocates Act affect the members of the Bar Council, it was in fitness of things that they should have been heard. The learned counsel for the writ petitioner states that the members of the Bar Council will now be impleaded having regard to the view that we are inclined to take. We therefore direct that the judgment under appeal in so far as it seeks to interpret Section 8(2) and in so far as the direction 1 and 4 are concerned should be set aside to this limited extent. So far as the question of interpretation of Section 8(2) is concerned, after the members of the bar Council are impleaded as parties, the High Court will afford reasonable sides and decide the matter afresh. The appeals are therefore partly allowed to the aforesaid extent and the matter is remitted for the limited purpose of determining the aforesaid question afresh after affording reasonable opportunity of hearing to all the aforesaid parties including the newly added members of the Bar Council.
II
The recital made in directions 2 reading as under shall stand deleted:
“Although it has been held that the members ceased to be members of Bar Council in May, 1985 or atleast from March/April, 1986”.
III
In view of the fact that the question regarding Section 8(2) requires to be considered in the light of the arguments which may be addressed before the High Court, for the interim period (during the pendency of Writ petition in the High Court) we direct that the members of the bar Council shall be in charge of the affairs pertaining to enrolment of new members to the Bar and to carry on day-to-day activities. They may also incur the necessary expenditure in connection with the carrying on of the routine activities. If any expenditure which does not fall in this category is required to be incurred, direction will be sought from the High Court. Subject to this modification to the limited extent indicated herein before the order passed by the High Court is confirmed. The directions for holding of elections shall be given effect to with a sense of urgency.
IV
On perusing the judgment it does not appear that any reflection has been cast on any member of the Bar Council. We therefore think that this question raised in the course of arguments does not survive.
V
Learned counsel for the appellants states that in order to avoid any controversy further meetings of the Bar Council will be held at Allahabad.
VI
It may be clarified that the election expenditure will be incurred by the Election Tribunal and Returning officer whose names are mentioned in paragraphs 7 and 8 of the Judgment. The elections will be conducted by the said Election Tribunal and Retuning officer.
VII
The judgment in so far as holding of election is concerned is confirmed. So also the following directions embodied in the operative part of the judgment of the High Court stand confirmed viz:-
Direction 2 (subject to modification indicated earlier).
Direction 3, 5, 6, 7 and 8.
Appeal are disposed of accordingly with no order as regards costs.
Appeal partly allowed.
Leave to appeal and special leave granted in S.L.P. (C) No.2126 of 1987. Having heard counsel we pass the following order which will govern both the matters.
I
We are of the view that the directions contained in clause (4) of the operative part of the judgment of the High Court could well have been given after hearing the members of the Bar Council who were vitally and directly affected by the findings on these questions. Since the findings recorded in regard to the interpretation of sub-section (2) of Section 8 of the Advocates Act affect the members of the Bar Council, it was in fitness of things that they should have been heard. The learned counsel for the writ petitioner states that the members of the Bar Council will now be impleaded having regard to the view that we are inclined to take. We therefore direct that the judgment under appeal in so far as it seeks to interpret Section 8(2) and in so far as the direction 1 and 4 are concerned should be set aside to this limited extent. So far as the question of interpretation of Section 8(2) is concerned, after the members of the bar Council are impleaded as parties, the High Court will afford reasonable sides and decide the matter afresh. The appeals are therefore partly allowed to the aforesaid extent and the matter is remitted for the limited purpose of determining the aforesaid question afresh after affording reasonable opportunity of hearing to all the aforesaid parties including the newly added members of the Bar Council.
II
The recital made in directions 2 reading as under shall stand deleted:
“Although it has been held that the members ceased to be members of Bar Council in May, 1985 or atleast from March/April, 1986”.
III
In view of the fact that the question regarding Section 8(2) requires to be considered in the light of the arguments which may be addressed before the High Court, for the interim period (during the pendency of Writ petition in the High Court) we direct that the members of the bar Council shall be in charge of the affairs pertaining to enrolment of new members to the Bar and to carry on day-to-day activities. They may also incur the necessary expenditure in connection with the carrying on of the routine activities. If any expenditure which does not fall in this category is required to be incurred, direction will be sought from the High Court. Subject to this modification to the limited extent indicated herein before the order passed by the High Court is confirmed. The directions for holding of elections shall be given effect to with a sense of urgency.
IV
On perusing the judgment it does not appear that any reflection has been cast on any member of the Bar Council. We therefore think that this question raised in the course of arguments does not survive.
V
Learned counsel for the appellants states that in order to avoid any controversy further meetings of the Bar Council will be held at Allahabad.
VI
It may be clarified that the election expenditure will be incurred by the Election Tribunal and Returning officer whose names are mentioned in paragraphs 7 and 8 of the Judgment. The elections will be conducted by the said Election Tribunal and Retuning officer.
VII
The judgment in so far as holding of election is concerned is confirmed. So also the following directions embodied in the operative part of the judgment of the High Court stand confirmed viz:-
Direction 2 (subject to modification indicated earlier).
Direction 3, 5, 6, 7 and 8.
Appeal are disposed of accordingly with no order as regards costs.
Appeal partly allowed.
