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october 2011

Supreme Court of India · 2011-10-13

BAR COUNCIL OF MAHARASHTRA vs MANUBHAI PARAGJI VASHI .

Citation / case number
SC 2007/24800
Court
Supreme Court of India
Petitioner
BAR COUNCIL OF MAHARASHTRA
Respondent
MANUBHAI PARAGJI VASHI .
Author
A.K. PATNAIK R.V. RAVEENDRAN
Bench
A.K. PATNAIK R.V. RAVEENDRAN

Judgment text excerpt

The Supreme Court held that Rules 6(h) and 32(g) of the Bar Council of Maharashtra and Goa Rules are ultra vires the powers of the State Bar Council as per Section 49(1)(a) of the Advocates Act, 1961. The Court established that the Bar Council of India has the exclusive authority to prescribe voting conditions for State Bar Council elections, while the State Bar Council's powers are limited to election procedures and Electoral Roll management under Section 15 of the Act. Consequently, the Court upheld the High Court's decision to invalidate these rules, affirming the right of all Advocates on the roll to vote and contest elections without disqualification for non-payment of subscriptions.

BAR COUNCIL OF MAHARASHTRA vs MANUBHAI PARAGJI VASHI . · Niyam