Kerala High Court Stays BCI's Interim State Bar Council Authority, Says Inclusion Of Non-Elected Member Prima Facie Violates 'Democratic Scheme'

The petitioners questioned the inclusion of T.S. Ajith, the former Chairman of the Bar Council of Kerala in the Limited Interim Authority constituted by the BCI Chairman. The Court noted that the former Chairman is not a member of the newly elected Bar Council of Kerala and had not even contested the recent elections, although he had served as the immediate past Chairman.

The Court observed that the elections to the Bar Council of Kerala were held in April 2026 and the results were published in the Gazette on June 16, 2026. Under Section 8 of the Advocates Act, 1961, the term of office of elected members commences from the date of publication of the election results, meaning the newly elected members assumed office from June 16 itself.

The Court noted that the BCI Chairman had earlier issued an order on June 24, 2026 constituting a Limited Interim Authority comprising the Advocate General of Kerala and two elected members of the Bar Council. According to the Court, that arrangement had an evident rationale since the Advocate General is an ex officio member of the Bar Council, while the other two members were duly elected representatives.

The subsequent order dated June 30, however, replaced that arrangement by including the former Chairman without referring to or superseding the earlier order. The Court observed that the failure to consider the previous order prima facie indicated non-application of mind.

The Court held that although an interim arrangement was necessary because the first meeting of the newly elected Bar Council had not yet been convened owing to pending proceedings before the Supreme Court regarding co-option of women members, such circumstances did not appear to authorize the BCI or its Chairman to include a non-elected individual in the interim authority after the elected members had assumed office.

The Court observed that the inclusion of a non-elected member prima facie infringed the very essence of the democratic scheme of the Advocates Act, 1961, adding that while the former Chairman's experience could undoubtedly be valuable, it could not override the statutory framework after the commencement of the elected members' tenure.

The Court was informed that enrolment certificates scheduled to be issued on August 1, 2026 had already been printed showing the fourth respondent as Chairman. Rejecting this arrangement, the Court held that portraying him as Chairman was inconsistent with the statutory scheme and directed that fresh certificates be printed at the earliest.

The Court stayed the operation of the impugned BCI order pending disposal of the writ petitions. It further directed that the Advocate General of Kerala, being the ex officio member of the Bar Council, shall function as the Chairman of the Enrolment Committee and act as the authorised signatory along with the Secretary of the Bar Council until the first meeting of the newly elected Bar Council is convened.

The matter has been posted on August 14, 2026 for further consideration.

Case Title: Yeshwanth Shenoy v Bar Council of India and Ors. and connected matter

Case No: WP(C) 26232/ 2026 and connected matter

Counsel for Petitioner: M.R. Anison

Counsel for Respondents: Rajit, P. Ramakrishnan