WWW.LIVELAW.IN ITEM NO.28
COURT NO.8 S U P R E M E C O U R T O F RECORD OF PROCEEDINGS
SECTION XVI-A I N D I A
IA 27880/2018,27882/2018,28648/2018,28649/2018, in Transferred Case (Civil) No(s). 126/2015 AJAYINDER SANGWAN & ORS.
Petitioner(s) VERSUS
BAR COUNCIL OF DELHI
Respondent(s)
(FOR CLARIFICATION/DIRECTION ON IA 27880/2018 FOR CLARIFICATION/DIRECTION ON IA 27882/2018 FOR INTERVENTION APPLICATION ON IA 28648/2018 FOR PERMISSION TO APPEAR AND ARGUE IN PERSON ON IA 28649/2018[TO BE TAKEN UP AS FIRST ITEM]) Date : 13-03-2018 These applications were called on for hearing today. CORAM : HON'BLE MR. JUSTICE R.K. AGRAWAL HON'BLE MR. JUSTICE ABHAY MANOHAR SAPRE For Petitioner(s)
Mr. Mr. Mr. Mr. Mr.
Vivek Narayan Sharma, AOR Sidharth Mahajan,Adv. Manish Pratap Singh,Adv. Maneesh Pathak,Adv. Rajeev Kr.Jha,Adv.
For Respondent(s)
Mr. Mr. Ms. Mr. Mr.
Rajiv Dutta,Sr.Adv. Ardhendumauli Kumar Prasad, AOR Taruna Ardhendumauli Prasad,Adv. Nirmal Kumar Ambastha,Adv. Namit Saxena,Adv.
Mr. Amish Aggarwala,Adv.
Signature Not Verified Digitally signed by ASHA SUNDRIYAL Date: 2018.03.14 17:19:16 IST Reason:
Mr. Mr. Mr. Ms. Ms. Ms. Mr.
Anish Kumar Gupta,Adv. Avdhesh Kumar Singh,Adv. Chandra Shekhar Suman,Adv. Rita Gupta,Adv. Deepshikha Bharati,Adv. Harsha,Adv. Pattabhi Ram,Adv.
Ms. Gunwant Dara,Adv. Mr. Rajesh Ranjan,Adv. Mr. M.K.Maroria, AOR 1
WWW.LIVELAW.IN Ms. Swarupama Chaturvedi, AOR Mrs. Sarla Chandra, AOR Mr. Praveen Agrawal, AOR Mr. Gagan Gupta, AOR Mr. H. Chandra Sekhar, AOR Mr. Ashwani Kumar Dubey, AOR Mr. Venkateswara Rao Anumolu, AOR Mrs. Nandini Gore, AOR Mr. Parmanand Pandey, AOR Mr. Sudarshan Singh Rawat, AOR Ms. Poli Kataki, AOR Mr. Mr. Ms. Mr.
Gaurav Sharma, AOR Abhishek,Adv. Mansi,Adv. Prateek Bhatia,Adv.
Mr. Rameshwar Prasad Goyal, AOR Ms. K. V. Bharathi Upadhyaya, AOR Mr. Ms. Mr. Mr.
M. Shoeb Alam, AOR Fauzia Shakil,Adv. Ujjawal Singh, Adv. Mojahid Karim Khan, Adv.
Mr. Mohinder Jit Singh, AOR Mr. Prang Newmai,Adv. Ms. Slomita Rai,Adv. Mr. E. C. Agrawala, AOR Mr. Himinder Lal, AOR Ms. Rajni Ohri Lal,Adv. Mr. Shibashish Misra, AOR Mr. Mritunjay Kumar Sinha, AOR Mr. Atul Jha,Adv. Mr. Sandeep Jha,Adv. Mr. Dharmendra Kumar Sinha, AOR 2
WWW.LIVELAW.IN Mr. Subhasish Mohanty, AOR Mr. Mohammed Sadique T.A., AOR Mr. Alim Anvar,Adv. Mr. Amol B. Karande, AOR Mr. Rajsaheb Patil,Adv. Mr. Gopal Prasad, AOR Mr. Anupam Lal Das, AOR Mr. P.Venkat Reddy,Adv. Mr. Prashant Tyagi,Adv. For M/S. Venkat Palwai Law Associates, AOR Ms. Sneha Kalita, AOR Mr. Vikas Upadhyay, AOR Mr. Vidit Monga,Adv. Ms. Aparna Jha, AOR Mr. Suresh Chandra Sati,Adv. Mr. Pradeep Chandra Sati,Adv. For Dr. Kailash Chand, AOR Mr. Jogy Scaria, AOR Ms. Beena Victor,Adv. Ms. Mrinada Soloman,Adv. Mr. Rakesh K. Sharma, AOR Ms. Ruchi Kohli, AOR Mr. Deepak Goel, AOR Mr. Aditya Singh, AOR Mr. Pijush K.Roy,Adv. Ms. Kakali Roy,Adv. Mr. Rajan K. Chourasia, AOR Mr. Mr. Mr. For
H.A.Arun Mozhi Fathima, Adv. Abhishek Swarup,Adv. Sajid Imam Naqvi,Adv. M/S. Manoj Swarup And Co., AOR
Mr. Sudhanshu S. Choudhari, AOR
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WWW.LIVELAW.IN Ms. Mr. Mr. For Mrs.
Radhika Chaturvedi,Adv. Hitesh Kumar Sharma,Adv. S.K.Rajora,Adv. Ms. Manju Jetley, AOR Santosh Singh, AOR
Ms. Malini Poduval, AOR M/S.
Parekh & Co., AOR
Mr. Anurag Dubey, Adv. Mr. Sanchit Maheshwari, Adv. Mr. S. R. Setia, AOR Ms. Kamakshi S. Mehlwal, AOR Mr. Y. Raja Gopala Rao, AOR Mr. Kunal Chatterji, AOR Ms. Maitrayee Banerjee,Adv. Mr. Rajeev Singh, AOR Mr. Anjani Kumar Mishra, AOR Ms. Christi Jain, AOR Mr. Harvinder Chowdhury, AOR Mr. Vishal Khattar,Adv. Ms. C.Rubavathi,Adv Mr. M. A. Chinnasamy, AOR M/S.
Lemax Lawyers & Co., AOR
Mr. P. V. Dinesh, AOR Ms. Aanchal Arora,Adv. Mr. A. V. Rangam, AOR Mr. Buddy A.Ranganadhan,Adv. Mr. Sunil Fernandes, AOR Mr. Harsh V. Surana, AOR Mr. Pukhrambam Ramesh Kumar, AOR Mr. Shishir Pinaki, AOR Mr. Rajiv Kumar Sinha,Adv. Mr. Nischal Kumar Neeraj, AOR 4
WWW.LIVELAW.IN Mr. Suvendu Suvasis Dash, AOR Mr. K. V. Mohan, AOR Mr. Purvish Jitendra Malkan, AOR M/s. Lawyer's Knit & Co., AOR Mr. Mr. Mr. Mr. For
Gaurav Agrawal,Adv. Mohd. Haneef,Adv. P.Madhu Sudhan Reddy,Adv. Piyush Choudhary,Adv. Mr. Satya Mitra, AOR
Mr. Guntur Prabhakar, AOR Mr. Prakash Chandra N Agrawala,in-person Mr. Nalin Agrawala,in-person UPON hearing the counsel the Court made the following O R D E R I.A.No.27880 of 2018 We
have
heard
Mr.
Rajiv
Dutta,
learned
senior
counsel appearing on behalf of the Bar Council of India and perused the averments made in the application and also the order dated 16th February, 2018 passed by the Division
Bench
of
the
Madras
High
Court
in
W.P.
(MD)Nos.1724 and 2706 of 2018. We are of the considered opinion that since the elections to the State Bar Council are being conducted under the directions of this Court,
the High Court of
Madras is not justified in giving directions to the Bar Council
of
India,
Returning
Officer
and
the
Director
General of Police as mentioned in paragraphs 32 (A)(B) and (C) of the impugned order. Therefore, the directions given in the said order as 5
WWW.LIVELAW.IN contained stayed,
in
paragraphs
till
the
32(A)(B)
elections
are
and held
(C) and
are
hereby
results
are
announced. We, however, direct that the respective Committees appointed
by
the
directions
given
conducting
the
Bar
Council
by
the
of
Bar
elections
India
Council and
to of
ensure
follow India its
the
while strict
compliance. In
view
of
the
above,
the
application
stands
disposed of.
I.A.No.28649 of 2018 Application for permission to appear and argue in person is allowed. We have heard Mr. Prakash Chandra Nabin Agrawal, applicant, who is appearing in person. We
do
direction.
not
find
any
good
ground
to
issue
any
The application is accordingly rejected.
I.A.Nos.27882 and 30850 of 2018 I.A.No.30850/2018 is taken on Board. We
have
heard
Mr.
Rajiv
Dutta,
learned
senior
counsel appearing on behalf of the Bar Council of India, Mr. Anish Kumar Gupta, learned counsel for the applicant and perused the averments made in I.A.No.27882/2018 filed by the Bar Council of India and I.A.No.30850/2018 filed by Telangana High Court Advocates' Association.
6
WWW.LIVELAW.IN The submission on behalf of the applicants herein is
that after
the Andhra
Pradesh Re-organisation
Act,
2014 came into force, Section 34 of the said Act deals with the special provisions relating to Bar Council and Advocates. Sub-section 2 of Section 34 provided that any person, who immediately before the date referred to in sub-section (1) of Section 30, is an advocate on the roll of
the
Bar
Council
of
the
existing
State
of
Andhra
Pradesh and practising as an Advocate in the High Court of Hyderabad may give his option in writing, within one year from that date to the Bar Council of such existing State,
to
Council
transfer
of
therein.
his
Telangana
name and
on
the
roll
consequences
of
were
the
Bar
provided
It has been stated that the Act came into force
on 2nd June, 2014.
With the enforcement of the aforesaid
Act, the State Bar Council of Telangana has come into existence but it is not working so far. The submission is that
each
State
Bar
Council
will
have
its
separate
elected members to carry out the functions of the State Bar Council. Council
of
Therefore, if elections to the State Bar Andhra
Pradesh
is
held
including
those
advocates who are practicing and enrolled as advocates of State Bar Council of Telangana that may create a problem. We, therefore, think it appropriate to postpone the elections of the State Bar Council of Andhra Pradesh for a period of three months.
7
WWW.LIVELAW.IN We electoral
direct
the
list
of
Bar the
Council
of
advocates
India
who
to
opt
prepare
for
being
registered in the State Bar Council of Telangana so that elections conducted
to
both
the
State
simultaneously
Bar
within
Councils three
will
months.
be The
division of the assets and liabilities will not come in the way of holding elections. In
view
of
the
above,
the
applications
stand
disposed of. (ANITA MALHOTRA) COURT MASTER
(CHANDER BALA) COURT MASTER
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