Praveen Kumar v. Spl. Comm. For The B. S. Bar Council, Patna
2009-04-13
J.B.KOSHY, RAVI RANJAN
body2009
DigiLaw.ai
JUDGEMENT 1. The main contention of the petitioner is that the election of the members of Bihar State Bar Council was last conducted in the year 2002. Notification with respect to elected members was published on 3.3.2003. Therefore, the term of elected members of Bihar State Bar Council expired in March, 2008 but thereafter no election was conducted. From the submission of the petitioner itself it is clear that special committee was constituted for conducting the aforesaid election within a period of six months. It is submitted that the said election has not been conducted within the aforesaid period of six months due to unavoidable reason. Now the special Committee has been formed with the Advocate General and two other members. 2. It is submitted by the learned Advocate General that the present Committee took charge and found that there were a large number of defaulters in paying their subscription for Advocate Welfare Fund of the Bar Council of India. Therefore, notices were published in the newspaper etc. and notices were given to the various Bar Associations for paying their subscription for Advocates Welfare Fund of the Bar Council of India for the State of Bihar. Large number of advocates paid their dues. With regard to other defaulters, before removing them from the role, notice has to be given. 3. Learned Advocate General submits that the processes have been taken for preparation of draft electoral rolls and therefore, by the end of June, 2009 it can be finalized and the election can be conducted. It is submitted that elections can be held immediately thereafter by complying with necessary formalities and procedure as per the rules and be end of August, 2009 elections can be conducted. 4. On the aforesaid undertaking this writ application is disposed of.