Kerala High Court permits Bar Council to deal with the complaint against AG

Kerala High Court permits Bar Council to deal with the complaint against AG

Kerala High Court has vacated its stay order on the proceedings by the Bar Council of Kerala against Mr. K.P. Dandapani, the Advocate General for the State. Mr. Dandapani had filed a Writ Petition in the Kerala High Court, challenging a show cause notice issued to him by the Kerala Bar Council, on a complaint of professional misconduct. Interestingly Advocate General is an ex officio member of the State Bar Council.

Removing the stay, Justice P.R. Ramachandra Menon observed, “It will be for the Bar Council to deal with the complaint and pursue further steps strictly in accordance with the relevant provisions of law.”

Following a complaint filed by Advocate J.S. Ajith Kumar before the Bar Council of Kerala alleging “unfair practice” on the part of the Advocate General, the Bar Council had issued a notice against the Advocate General. Read the LiveLaw story here.

The AG hadthereby questioned the show cause notice stating, “... neither the Chairman nor the members for that reason has any authority either under the statute or under the rule to make any step or action in the matter of entertainment of a complaint. That being so, the present Act of the Chairman in entertaining the complaint and to take further steps to call for the remarks which is not only unwarranted beyond the powers of as per the provisions of the Act.”

Averments in the Writ Petition were to the effect that the complainant has no case that the petitioner appeared in any cases were his son or wife appeared or that any particular case in which any corrupt or inducement had been exerted. In the absence of such specific details and particulars, it says, the complaint itself is devoid of any substance. Read the LiveLaw story here.

Read the Order here.