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The Apex Court division bench comprising of Justice AK Sikri and Justice Ashok Bhushan upheld the Madhya Pradesh High Court judgment that invalidated the State bar Council election to the post of Representative to BCI conducted in 2014. The Bar Council of India had dismissed the Election Petition filed by Advocate Sunil Gupta alleging that there was no infirmity in the election of Adv Pratap Mehta as representative to the Bar Council of India.
The same judgment that upheld the invalidation order, also directed fresh elections observing that the election is statutorily regulated by Rule 7, Bar Council of India Rules. The bench referred to Shackleton Law on Meetings and observed, “The issue of agenda along with the notice is requirement of a valid meeting and it is only in context of adjourned meeting that no fresh agenda need to be issued. The notices dated 16.07.2014 & 19.07.2014 having not contained any agenda and the meeting also not being described as adjourned meeting was necessary. Issuance of an agenda, if any election was to be conducted on 02.08.2014 was necessary.”
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