BAR COUNCIL OF DELHI AND ANR. ETC. vs SURJEET SINGH AND ORS. ETC. ETC.

The Supreme Court held that the proviso to Rule 3(j) of the Bar Council of Delhi Election Rules, 1968 is ultra vires and invalid as it exceeds the rule-making power of the Bar Council of Delhi under Section 3(4) and Section 49(1)(a) of the Advocates Act, 1961. Consequently, the electoral roll prepared based on this invalid rule, which excluded about 2000 advocates, was declared invalid, rendering the entire election process void. The Court affirmed that such a challenge could be made through a writ petition under Article 226, emphasizing the right to vote and stand for election as fundamental rights.