The Supreme Court on Monday constituted two additional election tribunals for expeditious adjudication of disputes arising out of elections to various State Bar Councils, while hearing petitions concerning alleged irregularities in the electoral process and implementation of reservation for women candidates.
A Bench of Chief Justice Surya Kant and Justice Joymalya Bagchi, on an earlier hearing dated May 15, 2026, had indicated the need for the constitution of one or more election tribunals for expeditious adjudication of disputes arising out of the ongoing State Bar Council elections.
Read at-SC Considers Independent Panel For Bar Council Poll Disputes Amid Implementation Challenge To 30% Women Reservation https://thebarbulletin.com/supreme-court-bar-council-election-disputes-tribunal/
Advocate Kumud Lata Das, for the petitioner, submitted again that the counting process adopted in certain Bar Council elections, including allegations that the Hare-Clark system of counting had not been properly followed. Counsel appearing in the matter argued that after first preference votes, the elimination process had allegedly distorted the reservation mechanism and election outcomes.
During the proceedings, the Court noted that one tribunal was already functioning, but observed that additional tribunals were necessary, considering the volume of election disputes arising from the 2026 State Bar Council elections.
Accordingly, the Court constituted two fresh tribunals.
- The first tribunal will be headed by former Supreme Court judge Justice Deepak Gupta, along with former Andhra Pradesh High Court Chief Justice Justice Dhiraj Singh Thakur and Senior Advocate Mahalakshmi Pavani.
- The second tribunal will be chaired by former Supreme Court judge Justice Hema Kohli, with former Jharkhand High Court Chief Justice Justice Shree Chandrashekhar and senior advocate Kavita Wadia as members.
The Court directed the Bar Council of India (BCI) to obtain the formal consent of the members and notify the constitution of the tribunals within three days. It further clarified that aggrieved parties would be at liberty to place their claims before the respective tribunals and requested that all disputes be decided expeditiously.
The Bench also directed all State Bar Councils to preserve election records until the disposal of the disputes.
A Verbal Altercation
During the hearing, an exchange took place between advocate Kumud Lata Das and BCI Chairman Manan Kumar Mishra regarding the role of the BCI and the election process. Ms Das argued that the BCI should not be part of the adjudicatory mechanism since the petition itself alleged that the BCI’s decision to adopt a “single composite ballot paper” had contributed to the controversy. However, BCI Chairman, Senior Advocate Manna Kumar Mishra said, “you must stop levelling allegations against BCI every time. This is very bad. Leave this habit.”
To this, Adv Kumud Lata Das said, “You can’t shout at me! I am not under your disciplinary authority! I am an AOR; I know well how to submit to the Court. You’re virtually a permanent Chairman, so you think the bar is identified with you, No.”
The CJI eventually diffused the situation, observing that there appeared to be only a “communication gap” between the parties, and they are both there to assist the court and represent their clients.
The Court further noted that issues relating to the co-option of women candidates had already been referred to the supervisory committee headed by Justice Sudhanshu Dhulia. The matter will continue before the Court after the tribunals begin functioning and examine the election disputes.
Appearances
For Petitioner- Ms. Kumud Lata Das, AOR Mr. I. S. Minhas, Adv. Mr. Bibhuti Krishna, Adv. Mr. Harsh Ajay Singh, Adv. Mr. Ashutosh Saini, Adv. Mr. Ravi Agrawal, Adv. Ms. Pooja Rathore, Adv. Mr. Puneet, Adv. Ms. Bela, Adv. Ms. Savita Devi, Adv, Adv. Ms. Navneet Kaur, Adv. Mr. Devadatt Kamat, Sr. Adv. Mr. Aditya Singh, Adv. Mr. Indra Lal, Adv. Mr. Aakash Sirohi, AOR Mr. Amit Raval, Sr. Adv. Mr. Akash, Adv. Ms. Neema, AOR
For Respondent: Mr. Guru Krishna Kumar, Sr. Adv. Dr. Ram Sankar, Adv. M/s. Ram Sankar & Co., AOR
BCI- Manna Kumar Mishra, Senior Advocate
