Advocates Act, 1961 - Section 8A and 10-A - Term of office of State
Bar Council - Extension under proviso to Section 8A - Held, can be granted
only before the expiry of its original term - The term cannot be extended by
way of a resolution of the Bar Council of India after the expiry of the term of the State Bar Council - Any election after the expiry of term without its having
validly extended was invalid - Also held on facts, that urgent action initiated
under Rule 6 of the Bar Council of India Rules was not completed before the
expiry of the term of the State Bar Council - Therefore, no action could be
considered to have been taken under Rule 6, nor did the post term resolution of the Bar Council of India could be considered to have confirmed any such
action - Thus, the Members of the State Bar Council continued in office
without any valid extension - Bar Council of India Rules, Rule 6.
Administrative Law - Doctrine of ultra vires - Statute prescribing the
doing of an act in a particular manner - Held, could not be considered to have been done unless it was done in the prescribed manner - Jurisdiction - Exercise of.
Election - Professional Bodies - Non-compliance with statutory
provisions - Effect of.