The Supreme Court of India has approved amendments to the Bar Council of India (BCI) Rules permitting office-bearers of Bar Associations to contest elections to State Bar Councils, subject to relinquishing one of the posts upon election.
A Bench comprising the Chief Justice and Justice Joymalya Bagchi was hearing petitions challenging Chapter III of the BCI Uniform Rules for Elections, 2016, which had earlier barred office-bearers of Bar Associations from contesting State Bar Council elections unless they first resigned from their positions.
Taking note of its earlier order directing reconsideration of the rule, the Court observed that the Bar Council of India had suitably amended the provision. Under the revised framework, office-bearers are now allowed to contest elections by furnishing an undertaking that they will not hold dual representative posts simultaneously and will resign from one post upon being elected.
The amended rules further require such candidates to exercise an option within 15 days of declaration of results to retain either the Bar Association post or the State Bar Council membership, failing which they would be deemed to have vacated the latter.
Finding that the amendment adequately addresses concerns regarding the earlier restriction, the Court approved the revised Chapter III and directed that it be published in the Official Gazette without delay.
On the issue of applicability of the amended rules to ongoing or upcoming elections in different States, the Court clarified that such questions would be decided on a case-to-case basis. It permitted aggrieved parties to approach a High-Powered Election Supervisory Committee headed by former Supreme Court judge Justice Sudhanshu Dhulia for appropriate directions.
The writ petitions were accordingly disposed of.
Appearances :
For Petitioner(s) : Mr. Sanjay M Nuli, Sr. Adv.; Mr. Govind Jee, AOR; Mr. Omanakuttan K K, Adv.; Mr. Akhilesh Kumar Mishra, Adv.; Mr. Sachin Pathak, Adv.; Mr. Vikas Upadhyay, AOR; Ms. Ankita Kashyap, Adv.; Mr. Ranveer Singh, Adv.; Mr. Siva N., Adv.
Mr. Siddharth R. Gupta, Adv.; Mr. Mrigank Prabhakar, AOR; Ms. Astha Singh, Adv.; Mr. Uddaish Palya, Adv.; Mr. Aman Agarwal, Adv.; Mr. Shantanu Sharma, Adv.; Ms. Surbhi Saxena, Adv.; Ms. Samriddhi Rai, Adv.
Mr. Varun Thakur, Adv.; Mr. Ram Karan, Adv.; Ms. Shraddha Saran, Adv.; Mr. Shashank Ratnoo, Adv.; Ms. Vishakha Singh Chauhan, Adv.; Mr. Ajay Kumar Singh Yadav, Adv.; Mr. S.P. Singh, Adv.; Mr. Brajesh Pandey & Associates, AOR
For Respondent(s) : Mr. Guru Krishna Kumar, Sr. Adv.; Dr. Ram Shankar, Adv.; M/s.Ram Shankar & Co., AOR
