- (1.) By filing instant writ petition under Articles 226 and 227 of the Constitution of India, the petitioner has prayed to declare the suspension of the membership of the petitioner as wrong, illegal, void and ab initio and he may also be declared entitled to all the benefits of membership and his claim be also allowed with interest @ 16% per annum.
(2.) Heard learned counsel appearing for the respective parties and carefully scanned the entire material made available to me.
(3.) Learned counsel for the petitioner submits that the petitioner is designated Senior Advocate, Rajasthan High Court, Jaipur and he is the member of the Rajasthan Advocate Welfare Fund w.e.f. 6.5.1991. He is depositing his membership fee every year regularly which is specific clear from the letter dated 7.4.1997 issued by the Rajasthan Advocate Welfare Fund. During the year 2006, the petitioner met with a serious accident thereby suffered head injury and he was treated as an indoor patient in Santokba Durlabhji Memorial Hospital, Jaipur and he remained in the aforesaid hospital as an indoor patient from 12.3.2006 to 14.3.2006 and 21.3.2006 to 7.4.2006. He submitted medical bill to the Bar Council through President on 24.5.2006 interalia ex- gratia payment to the extent of Rs. 1,08,516/-. Thereafter, he came to know that reimbursement of his medical bill could not be accepted because of his membership stands suspended but till today he has not received any notice in this regard. By letter dated 15.1.2008 the petitioner sought information regarding termination of his membership alongwith certified copy of the dues deposited by him. On 16.11.2006 the petitioner deposited a sum of Rs. 12,460/- by way of Demand Draft which has been received by the Trustee Committee. He submits that the suspension of the petitioner is not valid since no notice of suspension was ever given by the Bar Council or the Trust Committee to him nor the copy of the suspension order has been supplied to him till today in spite of written request made by him on 15.1.2004 (vide Annex. 4). In view of this legal position the suspension of membership of the petitioner does not survive and he will be deemed to be continuing as a regular member without any break in his membership.;