Latest News
Back
Bar Council Elections: Supreme Court Directs BCI To Hear The Matter On 26th October
The Bar Council of India has framed certain Rules to have a transparent practise procedure for Advocates. These Rules were framed in exercise under the Advocate’s Act, 1961and are called Bar Council of India, Certificate and Place of Practise (Verification) Rules, 2015. Under Rule 5 of the said Rules, it was required for every practicing Advocate to get a Certificate of Practise as mentioned in the rule.The said Rules were challenged before some High Courts and finally the Hon’ble Court, by its order dated 05.10.2015, which directed that all matters which are pending in different High Courts in connection with the challenge to the aforesaid Rule be transferred before it. Since then the matter is being heard by this Hon’ble Court.
On 23.8.2017, the Bar Council of India was directed to declare the schedule of elections to the respective State bar Councils.The term of the elected members of the Karnataka State Bar Council was completed on 27.01.2017. Thereafter, a special committee was appointed and the Advocate General is the Chairman of the Committee.As per the orders passed by this Hon’ble Court, the Karnataka State Bar Council declared elections and the Calendar of Events was published with the due approval of the Bar Council of India on 23.01.2018 while forming certain guidelines for the same. This Hon’ble Court, by its order dated 13.3.2018, held that while conducting the elections, the directions given by the Bar Council of India be strictly complied with.
In this context, it was submitted that by the time the aforesaid order came to be passed, the Karnataka State Bar council had made its own arrangement for conducting elections and all the preparations had been made by then. As per the Karnataka State Bar Council election Rules which was framed under Section 15(2)(a) and (d) of the Advocates Act 1961 and the elections have been conducted strictly as per the Rules.
This Hon’ble Court passed an order on 23.3.2018 on an application filed in IA No. 39883/18 issuing such directions that though the counting process will go on after elections and the result of the members will also be declared, but the results will not be sent for publication in the official gazette and will not attain finality, unless the concerned Tribunal finally approves the said result after holding enquiry, if any, into the complaints made.
The elections were held as per the Calendar of Events on 27.03.2018.After the polling, one candidate made a complaint and sought for stay of counting and further sought for direction to the concerned authority to hold an enquiry. As per the directions, the complaint was forwarded to the Committee pertaining to which the counting of ballots stayed till 11.04.2018. BCI moved an application before the SC to confirm their order but the Hon’ble Court refused the contention for a re-election and allows for counting.
As per the order dated 02.05.2018, Karnataka Bar Council successfully completed the free and fair election process of Karnataka Bar Council and also the process of counting. Some of the candidates who got only few votes and lost in the elections of Bar Council of Karnataka filed frivolous complaints.
Even after holding an enquiry and completion of the proceedings with respect to the election petitions filed before the Hon’ble Election Tribunal of the Bar Council of India, there has been no declaration of the election to the Bar Council of Karnataka in the official gazette.
Advocate JM Anil Kumar, present applicant, is moving the present application for directions approaching this Hon’ble Court to direct the Bar Council of India to declare the election results to the Bar Council of Karnataka in the Official Gazette thereby confirming the will of the electorate. It must be noted that the Bar Council of Karnataka has not been able to take key decisions with respect to the conduct of the said Council, including the decisions regarding the enrolment of the next batch of law graduates to the Bar, as the office bearers have not been able to assume office.
Date: 24-11-2017 the matters were called on for pronouncement of Order today. The SC heard Advocates SharanagoudaPatil and Kalyan Krishna Bandaru and directed the BCI to hear the said matter on 26th October and announce the results within a week of it.
