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Bombay High CourtWP/769/2018disposed off

Mahesh Vaswani v. The States Of Maharashtra And 4 ORS.

2018-02-21Hon'Ble Shri Justice Rajesh G. Ketkar,Hon'Ble Shri Justice Shantanu S. Kemkar2 pages

hvn 44-wpl-527.2018.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L) NO.527 OF 2018 Mahesh Vaswani

...Petitioner

Vs.

State of Maharashtra and Ors.

...Respondents

ALONG WITH WRIT PETITION (L) NO. 573 of 2018 ALONG WITH CHAMBER SUMMONS (ST) NO. 102 OF 2018 IN WRIT PETITION (ST) NO. 527 OF 2018 ALONG WITH IN PERSON APPLICATION NO. 38 OF 2018 IN WRIT PETITION (L) NO. 527 OF 2018 Mr. Pradeep Sancheti, Sr. Advocate a/w Mr. Dharini Nagda for the petitioner.

Mr.Charanjeet Chanderpal a/w Namita Shirke and Hardeep Kaur for the applicant in Chamber Summons (St) No. 102 of 2018.. Mr. Atul Damle, Sr. Advocate a/w Mr. Makarand Bakore for respondent no. 2.

Mr. Abhay Patki, AGP for respondent no. 1 in WP (L) No. 573 of 2018. Mr. L.T. Satelkar for respondent no. 3 in WP (L) No. 573 of 2018. Mr. Sagar Tambe i/by Mr. Tapan Thatte for respondent no. 5. Smt. P.G. Sontakke h/f Advocate Kamble for petitioner in WP (L) No. 573 of 2018.

CORAM :

SHANTANU KEMKAR & R.G. KETKAR, JJ.

DATE :

FEBRUARY 21, 2018 nilegaonkar 1/2

hvn 44-wpl-527.2018.doc P.C.:

Challenging the Notice of Code of Conduct (for short "the Code of Conduct") dated 5.2.2018 Exh."B" issued to the Bar Council of Maharashtra and Goa, the petitioner has filed this petition. According to the petitioner, the restrictions enumerated in Clause (7) (B), (C ), (E) and (F) of the Code of conduct are going beyond the scope of the Election Rules framed by the Bar Council of Maharashtra and Goa. 2.

Having gone through the relevant rule 44(7)(2) of the Election Rules of the Bar Council of Maharashtra and Goa and the Code of Conduct issued by the Bar Council dated 5.2.2018, we are of the view that the restrictions enumerated in the clause 7(B), (C ), (E) and (F) of code of conduct are required to be interpreted in consonance with Rule 44(7)(2) of the Election Rules of the Bar Council of India. 3.

Making these observations and clarifying it accordingly, we dispose of these petitions with liberty to the parties to seek appropriate remedy if occasion so arises.

4.

All other contentions of the parties are kept open. 5.

In view of the above, all the writ petitions, pending applications and Chamber summons stand disposed of.

(R.G.KETKAR, J.) (SHANTANU KEMKAR, J.) nilegaonkar 2/2