JUDGMENT Devinder Gupta, A.C.J.
1. Shri Sanjay Jain and another filed writ petition on 20.7.1998 seeking direction for quashing resolution dated 19.7.1998 passed by Bar Council of Delhi by which Shri Sanjay Jain was ordered to be removed from the post of Secretary to the said Bar Council of Delhi directing that in his place Shri Surya Prakash Khatri is appointed as Secretary. Prayer was made to quash the proceedings of 17.7.1998 and to quash notice dated 18.7.1998 by which meeting had been called by Shri Surya Prakash Khatri. The writ petition was disposed of by the impugned judgment by learned Single Judge holding that appointment of Shri Sanjay Jain as Hony. Secretary was contrary to Rules and his claim to the said office cannot be sustained. The appointment of Shri Surya Prakash Khatri was also held 19 be not in consonance with the Rules and as such the appointment was quashed. Feeling aggrieved, this appeal was preferred by the Bar Council of Delhi and three others including Shri Surya Prakash Khatri.
2. On 18.1.1999 C.M.610/99 was moved on behalf of Shri Sanjay Jain, respondent No. 8 that 14 members of the Council, who earlier had moved resolution for his removal, have reaffirmed their faith in him and passed a resolution dated 18.1.1999. Copy of the resolution passed on 18.1.1999 under the signatures of appellant Nos. 2 to 4, and respondents 9 and 12 to 22 is annexed as Annexure-A, to the said application. It is prayed in the application that the order passed by learned Single Judge on 7.8.1998 be modified to the extent to which it relates to the declaring that Hony Secretary cannot be appointed by elected Members of the Council and the writ petition be disposed of in the light of the resolution by reviving the post of Hony. Secretary and to restore the applicant Shri Sanjay Jain as Hony. Secretary of the Council.
3. As there was some reservation on behalf of some of the other members of the Council to the disposal of appeal in terms of the above resolution passed on 18.1.1999, arguments in the said application as also in the appeal were heard and judgment was reserved.
4. Before the appeal could be decided on merits, another application (C.M. 1336/99) has been moved on behalf of respondents Nos.1 to 7, 10 and 11 of which notice was issued to the appellants. It is stated in the application that in the larger interest and smooth functioning of the Council the remaining members have now given their no-objection on 23.4.1999 and have concurred for restoration of Shri Sanjay Jain as Hony. Secretary of Bar Council of Delhi and stating that they have no objection for the appeal being disposed of in these terms. Copy of the resolution is appended to this application duly signed by respondents Nos. 1 to 7 and 11.
5. In the facts and circumstances of the case and to have smooth functioning of the affairs of the Council, particularly wishes of all Members reflected in the two resolutions dated 18.1.1999 and 23.4.1999, we are of the view that the appeal itself deserves to be disposed of in terms of the resolutions.
6. Consequently with consent of all parties, we allow the appeal and the two applications and set aside the order of learned Single Judge. Resultantly, the resolution of the first appellant adopted on 17.7.1998 (Annexure-A1) by which Shri Sanjay Jain was removed from the post of Secretary is quashed and set aside with direction that Shri Sanjay Jain will be restored as Hony. Secretary of the Bar Council of Delhi forthwith, who will discharge all the functions of Secretary in accordance with law.