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1977 (3) TMI 161 - SC - Indian Laws

Issues: Validity of selection to the Bar Council of Madhya Pradesh, Error in entertaining the writ petition

Analysis:
1. The judgment pertains to two appeals concerning the validity of the selection to the Bar Council of Madhya Pradesh. The Supreme Court refrained from delving into the grounds of challenge but decided to allow the appeals due to the High Court's error in entertaining the writ petition challenging the election process.

2. The election to the Bar Council of Madhya Pradesh was conducted under the Indian Advocates Act, with rules framed by the Bar Council of Madhya Pradesh. Rule 31 of the Election Rules empowers the Election Tribunal to resolve disputes related to elections. Despite an election petition filed within the prescribed 15-day limitation period, the High Court entertained a writ petition challenging the election's validity four months after the limitation period had lapsed.

3. The High Court's decision to entertain the writ petition despite the existence of an equally efficacious remedy was deemed erroneous by the Supreme Court. The Court emphasized that in election disputes, especially when a statutorily prescribed remedy exists, the High Court should refrain from exercising its writ jurisdiction. The delay caused by entertaining the writ petition had a detrimental impact on the timely resolution of the election disputes.

4. The Supreme Court reiterated that Article 226 of the Constitution grants wide powers to the High Court but highlighted the limitations on its exercise, particularly in matters involving elections. The Court emphasized the importance of adhering to statutory provisions and refraining from entertaining writ petitions when an alternative remedy is available. The delay caused by the writ petition had prolonged the resolution of the election disputes, illustrating the adverse consequences of unwarranted interference through writ jurisdiction.

5. Ultimately, the Supreme Court held that the High Court erred in entertaining the writ petitions and allowed the appeals. The Court directed the Election Tribunal to expedite the resolution of the election disputes, considering the considerable delay already incurred. The judgment concluded by emphasizing that the parties would bear their own costs, and no opinion was expressed on the High Court's reasoning regarding the merits of the case.

 

 

 

 

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