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2018 DIGILAW 198 (PAT)

Coordination Committee of the three association of Lawyers of Patna High Court through the Chairman, Sri Yogesha Chandra Verma v. High Court of Judicature at Patna through The Registrar General

2018-01-29

ANIL KUMAR UPADHYAY, RAJENDRA MENON

body2018
ORDER Rajendra Menon, CJ. – Issue notice to the State Government and the counsel representing the High Court. They are directed to show cause as to why the provisions of Rule 4 of the Registration of Advocates on the Record of the Patna High Court Rules be not declared as ultra vires to the extent it prevents an Advocate registered under the Advocates Act from filing a Vakalatnama and appearing on behalf of the client or, in the alternate, why rule should not be read out down to enable the Advocate registered under the Advocates Act to practice and sign a Vakalatnama, if he is so entitled to under the provisions of the Advocates Act. That apart, we find that the rule in question which prohibits an Advocate, who is not an Advocate on Record, from filing a Vakalatnama and representing his client is violative of Article 19 (1)(g) of the Constitution also. 2. We are informed that the issue with regard to this rule is pending consideration before a Full Bench of this Court in C.W.J.C. No. 19862 of 2010 and various other cases. We direct listing of the matter along with the aforesaid case. 3. Till the next date, the directions contained in Paragraph 3 of the impugned order dated 24.01.2018 passed by the Writ Court in C.W.J.C. No. 8700 of 2017, which reads as under: – “At this juncture, general members of the Bar submitted to the Court that due to ignorance, they may also have signed the pleadings, including the Power/Vakalatnama. It was submitted that the same was out of sheer ignorance and they may be permitted to get their names expunged from the records. Keeping the aforesaid in mind, and the fact that, as of now, no person other than an Advocate on record can enter appearance, including filing of Power/Vakalatnama and pleadings before the High Court, henceforth, let the Registry also take note while making stamp report as to whether the Advocates through whom the pleadings are filed and/or who have accepted/executed Power/Vakalatnama are Advocates on record of this Court. Registry shall communicate the order to the Registrar General of this Court for issuing appropriate directions, latest by tomorrow. The said directions would take effect prospectively from 1st February, 2018. Registry shall communicate the order to the Registrar General of this Court for issuing appropriate directions, latest by tomorrow. The said directions would take effect prospectively from 1st February, 2018. The Registrar General shall get notice to this effect printed in the daily cause list for at least a week starting from the cause list dated 29th January, 2018.” and which prevents an Advocate from filing a Power/Vakalatnama and plead before the High Court shall remain stayed.