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.