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A petition seeking a declaration that a person cannot be permitted to perform the dual role of a legislator and a lawyer was dismissed by the Supreme Court. The petition was filed by BJP leader and Advocate Ashwini Kumar Upadhyay and the three judge bench comprised of Chief Justice of India DipakMisra, Justice AM Khanwilkar and Justice DY Chandrachud.
Mr. Upadhyay had addressed a letter to the Chairman of Bar Council of India last year seeking the debarment of MPs and MLAs from practicing law. The letter had relied on the decision rendered by the Supreme Court in the case of Dr.Haniraj L. Chulani v. Bar Council of Maharashtra & Goa, 1996 AIR 1708, wherein it was held that a person qualified to be an Advocate would not be admitted as one if he is in full time or part time service or employment or is engaged in any trade, business or profession. The BCI sub-committee, formed in response to the letter, had however ruled that legislators can be allowed to practice.
Mr.Upadhyay had then petitioned the Apex Court, challenging the permission to an individual to perform the dual role of a lawyer and a legislator on grounds of conflict of interest and violation of BCI rules.
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