Kerala HC Stays BCI Order Appointing Non-Elected Member to Bar Council Interim Authority

The Kerala High Court has stayed an order issued by the Bar Council of India (BCI) Chairman appointing a non-elected former office-bearer to an interim authority constituted to oversee enrolment and other statutory functions of the Bar Council of Kerala.

Passing an interim order on two connected writ petitions, Justice Bechu Kurian Thomas observed that the inclusion of a non-elected person in the interim body appeared to be inconsistent with the democratic framework established under the Advocates Act, 1961. The court noted that adding a former office-bearer who was not elected in the latest Bar Council elections prima facie “infringes the very essence” of the statutory democratic scheme. It observed that while the experience of former office-bearers could be utilised, it could not replace the legally prescribed structure after election results had been officially notified.

The petitions challenged the June 30 order of the BCI Chairman, through which former Bar Council of Kerala Chairman T S Ajith was included in the interim authority despite not contesting or being elected in the recent elections. The High Court directed that the Advocate General of Kerala, an ex officio member of the Bar Council, would function as the Chairman of the Enrolment Committee and act as an authorised signatory along with the council secretary until the first meeting of the newly elected council is convened.

The court also directed the printing of fresh enrolment certificates, observing that certificates carrying the name of the non-elected former chairman as the head of the interim authority were not legally sustainable.

The interim authority was initially constituted by the BCI Chairman on June 24 after the first meeting of the newly elected Bar Council of Kerala could not be held due to a pending Supreme Court matter concerning the co-option of two women members. Elections to the XIII Bar Council of Kerala were held in April, and the results were published in the Kerala Gazette on June 16. Under Section 8 of the Advocates Act, the term of elected members commenced from the date of publication of the results.

The petitions were filed by practising advocates Prasad Chandran and Unnikrishna Kaimal B, along with elected Bar Council member Yeshwanth Shenoy. The High Court admitted the petitions and posted the matter for further hearing on August 14.