VidhiSangh

Supreme Court of India · 02/11/2018

PRATAP MEHTA versus SUNIL GUPTA & ORS.

[2018] 11 S.C.R. 1068 · 2018 INSC 1041

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The Supreme Court upheld invalidation of the State Bar Council’s August 2014 election of its representative to the Bar Council of India. The special meeting was convened to consider members’ letters, not as an adjourned election meeting with the required electoral notice and agenda. The High Court corrected a statutory legal error rather than impermissibly retrying facts. The appeals were dismissed, and the fresh election already held in August 2018 was directed to take effect.

Issues

  1. Whether the special meeting’s notices authorised election of the representative to the Bar Council of India.
  2. Whether the High Court exceeded certiorari jurisdiction by correcting the election decision.
  3. What effect should be given to the subsequent fresh election.

Provisions considered

Held

Result

Appeals dismissed; parties to bear their own costs. Fresh election held on 12 August 2018 to be given effect by all concerned.

Judgment PDF: Supreme Court of India, [2018] 11 S.C.R. 1068.