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TMI Blog1977 (3) TMI 161X X X X Extracts X X X X X X X X Extracts X X X X ..... ncil of Madhy Pradesh of twenty returned candidates. We are not going into the grounds of the challenge nor do we propose to express any view thereon since we are disposed to allow the appeals on the short ground that the High Court fell into a grievous error in entertaining the writ petition. 2. Briefly the facts are as follows : The election to the Bar Council of Madhya Pradesh took place und ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion has been filed before the Tribunal constituted under the rules. Notwithstanding the pendency of such an election petition, four months after the period of limitation had expired for filing an election petition, two votars (one of whom was a defeated candidate) moved the High Court under Articles 226 and 227 of the Constitution challenging the validity of the election. The High Court was confro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... le 31. Having held so the somewhat inconsistent attitude expressed in the observations quoted passes our comprehension. 4. It is well settled law that while Article 226 of the Constitution confers a wide power on the High Court there are equally well settled limitation which this Court has repeatedly pointed out on the exercise of such power. One of them which is relevant for the present case ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ll stultify the statutory provision. Again in the present case an election petition covering the same subject matter is actually pending. There is no foundation whatever for thinking that where the challenge is to an entire election then the writ jurisdiction springs into action. On the other hand the circumstances of this case convince us that exercise of the power under Article 226 may be desc ..... X X X X Extracts X X X X X X X X Extracts X X X X
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