Karnataka HC Issues Notice On Plea Challenging BCI's Nomination Of State Bar Body's Chairman Despite Commencement Of Election Process

The Karnataka High Court has issued notice on a plea by a member of the state bar council challenging a Bar Council of India (BCI) notification nominating Mittalakod Shiddalingappa Shekharappa as the state bar body's Chairman, when process of election was already under progress. The petition filed by K Koteshwara Rao seeks to quash BCI's notification, terming it to be illegal and ultra vires. The plea further seeks a direction to constitute a committee under Section 8A of the Advocates Act, the relevant BCI Rules there under and also Rule 32 of Bar Council of India Certificate and Place of Practice (Verification) Rules, 2015. It also seeks for immediate steps to hold elections to elect members to Karnataka State Bar Council (KSBC). Justice M Nagaprasanna heard the matter on March 21 and issued notice to the respondents.The court said, “Learned counsel Sri.T.P. Vivekananda, is directed to accept notice for respondent Nos.2 and 3.Learned counsel for respondent No.1 (BCI) - Smt.Anubha Srivastava, seeks ten days time to file statements or make her submissions, as the case would be. List this matter on 07.04.2025.”In May 2024, then KSBC's erstwhile Chairman H.L. Vishala Raghu and Vice Chairman Vinay Mangalekar had resigned. Thereafter, a calendar of events to elect the Chairman and Vice Chairman democratically were notified on May 31, 2024 fixing the date of filing nominations, scrutiny, withdraw, etc. on the notified dates, also fixing the date of elections to be held on June 23, 2024.It is claimed that, “When such a democratic process to elect the Chairman and Vice Chairman fixing the date of and nominations were also filed, the process of election of Chairman and Vice Chairman was under progress, in the middle of such election process, the 1st Respondent BCI acting whimsically by its letter dated 11.06.2024 stayed the said election of Chairman and Vice Chairman to KSBC and illegally extended the period of office of Chairman and Vice Chairman to be continued by Vishal Raghu and Vinay Mangalekar, though they had resigned and accepted by KSBC.” Later, by a communication dated February 20 the BCI nominated Respondent No. 3 (Shekharappa) as Chairman of KSBC. The plea states that Rule 32, of Certificate and Place of Practice (Verification) Rules has been misread, misinterpreted and misused by BCI to nominate Shekharappa as KSBC's Chairman. The plea states that BCI and State Bar Councils and the Advocates practicing all over the country in India are governed by the Advocates Act and various Rules there under.It is contended that the said Rule 32 provides that there shall be an Ad-hoc Committee for preparation of electoral rolls for State Bar Council Elections. It states that Rule 32 provides for Ad-hoc Committee which shall function under the special committee constituted under Section 8A of the Act and as such the said nomination made with aid of Rule 32 of COP Rules is prima facie illegal.The plea prays for a direction to quash the impugned notification and direction to BCI and KSBC to take immediate steps to hold elections to elect members to KSBC. In the alternative, till elections to KSBC members are held, direct KSBC to conduct election to the posts of Chairman and Vice Chairman immediately.Case Title: K Koteshwara Rao AND Bar Council of India & Others Case No: WP 8539/2025.

Karnataka HC Issues Notice On Plea Challenging BCI's Nomination Of State Bar Body's Chairman Despite Commencement Of Election Process

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