Advocates’ Act: SC notices to AP, TS Bar Councils

According to advocate Y Balaji, appearing for one of the petitioners, the Telangana State Bar Council was not constituted in accordance with provisions of the Act.
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HYDERABAD: THE Supreme Court issued notices to the Andhra Pradesh and Telangana State Bar Councils, directing them to file affidavits in four weeks’ time in the petitions alleging that elections to both the councils were conducted in November last year without making necessary amendment to Section 3 of the Advocates’ Act, 1961. The apex court was passing this order on Tuesday in petitions filed regarding elections to various bar councils in the country.

According to advocate Y Balaji, appearing for one of the petitioners, the Telangana State Bar Council was not constituted in accordance with provisions of the Act.

During the course of hearing, the counsel appearing for Bar Council of India submitted that there was no need for any separate amendment in Section 3 of the Advocates Act as it stands amended by Section 34(1) of the same Act. However, an option has to be exercised by practising advocates under Section 34(2) of the Act, the counsel said.

The SC pointed out that none of the counsels appearing in the case was able to point out whether such option had, in fact, been exercised within the stipulated time.

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