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The Kerala High Court on Saturday (26 September) issued notice to the Bar Council of Kerala in a plea challenging formation of the council's statutory committees, alleging that no elections were held for constituting these committees. 

Justice Bechu Kurian Thomas issued the notice.

The writ petition has been filed by advocate Yeshwanth Shenoy, an elected member of the XIII Bar Council of Kerala, against the Bar Council of Kerala and its Chairman.

According to the petition, the first meeting of the XIII Bar Council was held on September 24 following the election of its members in April 2026 and publication of the elected members in the Kerala Gazette on June 16, 2026. The agenda for the first meeting included the election of office-bearers and the constitution of statutory committees.

The petitioner contends that while the Chairman, Vice-Chairman and Treasurer were elected by secret ballot, the subsequent process concerning the committees did not follow the same statutory procedure. He alleges that the Chairman read out a pre-prepared list of committees and members instead of conducting elections as required under the applicable rules. The petition states that around 10 members walked out in protest after their objections were not accepted.

The petitioner brought attention to the constitution of the Disciplinary Committee, which requires a non-member to be co-opted through an election by the Council. The petitioner submitted that the Chairman allegedly announced names of proposed co-opted members.

It is contended that the chairman of a committee is required to be elected from among its members and that the rules do not provide for the Chairman of the Bar Council to nominate such a committee chairman.

The petitioner has also alleged that the committee composition does not adequately reflect the 25-member Bar Council, claiming that the committees were dominated by 13 members forming a “majority”. He has alleged a lack of diversity in the composition of the committees.

The petition further raises allegations concerning the functioning and finances of the Bar Council, including references to an alleged ₹7.61 crore Welfare Fund misappropriation and expenditure on an “Advocates Academy” and an “e-Governance Project”.

The petitioner, who is appearing in person before the Court submitted:

“I am not concerned how the 12 bar councils before me functioned, but I will ensure that the 13th bar Council will function in accordance with the statute.”

The Court had issued notice to the respondents and has posted matter on 01 October for further consideration.

The petitioner has sought to issue a writ of mandamus or other appropriate direction requiring the respondents to constitute the various committees in accordance with the Advocates Act, 1961, the Bar Council of India Rules and the Bar Council of Kerala Rules, 1979.

As interim relief, he has sought production of records concerning the constitution of the committees and the draft minutes of the September 24 meeting. He has also sought a stay on publication of the committee constitution, a stay on the operation of the committees allegedly constituted contrary to the rules, and production of the audio-video recording of the meeting.

Case Title: Yeshwant Shenoy v Bar Council of Kerala

Case No: WP(C) 33005/ 2026

Party-In Person

Counsel for Respondent: P. Ramakrishnan (SC - BCK)


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