IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No 6678 of 2010 1. ARVIND KUMAR SHARMA S/O SRI AWADH KISHORE PRASAD SHARMA R/O FLAT NO.-501(W) KESHAV PLACE, BAILEY ROAD, KHAJPURA, P.S. SHASTRI NAGAR, DISTT.- PATNA Versus 1. THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY, GOVT. OF BIHAR, PATNA 2. THE BIHAR STATE BAR COUNCIL BHAWAN PATNA P.S. KOTWALI, DISTT.- PATNA 3. THE BIHAR STATE BAR COUNCIL BHAWAN PATNA THROUGH ITS SECRETARY- CUM-RETURNING OFFICER, DISTT.- PATNA 4. THE CHAIRMAN BIHAR STATE BAR COUNCIL BHAWAN, PATNA 5. MR. PRASHANT KUMAR SHAHI EX-OFFICIO, CHAIRMAN BIHAR STATE BAR COUNCIL BHAWAN, PATNA 6. ADVOCATE GENERAL, BIHAR, PATNA 7. AJIT KUMAR SINGH, MEMBER BIHAR BAR COUNCIL, PATNA 8. AKHAURI MANGLA CHARAN SHRIVASTAVA, MEMBER BIHAR BAR COUNCIL, PATNA 9. BALESHWAR PRASAD SHARMA, MEMBER BIHAR BAR COUNCIL, PATNA 10. DHARMA NATH PRASAD YADAV, MEMBER BIHAR BAR COUNCIL, PATNA 11. JAI PRAKASH SINGH, MEMBER BIHAR BAR COUNCIL, PATNA 12. KAMESHWAR PANDEY, MEMBER BIHAR BAR COUNCIL, PATNA 13. MAHAMMAD SAIDULLAH, MEMBER BIHAR BAR COUNCIL, PATNA 14. MANAN KUMAR MISHRA, MEMBER BIHAR BAR COUNCIL, PATNA 15. PREM KUMAR JHA, MEMBER BIHAR BAR COUNCIL, PATNA 16. PREM NATH OJHA, MEMBER BIHAR BAR COUNCIL, PATNA 17. RAJENDRA PRASAD SINGH, MEMBER BIHAR BAR COUNCIL, PATNA 18. RAJESHWAR PRASAD SINGH, MEMBER BIHAR BAR COUNCIL, PATNA 19. RAJIV SHARAN, MEMBER BIHAR BAR COUNCIL, PATNA 20. RAMA KANT SHARMA, MEMBER BIHAR BAR COUNCIL, PATNA 21. RANJAN KUMAR JHA, MEMBER BIHAR BAR COUNCIL, PATNA 22. SADHU SARAN YADAV, MEMBER BIHAR BAR COUNCIL, PATNA 23. SHAILENDRA MOHAN SINHA, MEMBER BIHAR BAR COUNCIL, PATNA 24. SHASHI SHEKHAR KISHORE, MEMBER BIHAR BAR COUNCIL, PATNA 25. SUDAMA ROY, MEMBER BIHAR BAR COUNCIL, PATNA 26. SURAJ NARAIN PRASAD SINHA, MEMBER BIHAR BAR COUNCIL, PATNA 27. SURENDRA DEO NARAIN SINGH, MEMBER BIHAR BAR COUNCIL, PATNA 28. UMESH PRASAD SINGH, MEMBER BIHAR BAR COUNCIL, PATNA 29. VINDHYA KESHRI KUMAR, MEMBER BIHAR BAR COUNCIL, PATNA 30. VISHWANATH PRASAD SINHA, MEMBER BIHAR BAR COUNCIL, PATNA 31. YOGESH CHANDRA VERMA, MEMBER BIHAR BAR COUNCIL, PATNA 32. THE RETURNING OFFICER, BIHAR BAR COUNCIL BHAWAN, PATNA ----------- 2 26.04.2010 Amongst members of the Bar Council, it is not in dispute that Advocate General is an ex officio member. The Chairman of Bar Council has to be elected by members of the Bar Council from amongst 2 themselves. No statute is shown to me where such election is restricted to elected members by the elected members alone. In that view of the matter, the challenge to the Advocate General filing nomination on the post of Chairman by virtue of him being ex officio member of the Committee cannot be said to be illegal. The writ petition is dismissed in limine. M.E.H./ (Navaniti Prasad Singh)