Rajasthan Bar Council Polls: Election Committee Terms BCI Show-Cause Notice For Supervision By Advocate General As 'Interference'
Nupur Agrawal
26 Feb 2026 12:51 PM IST
The High Powered Election Committee (Committee) supervising election process of the Bar Council of Rajasthan (BCR) has termed the show-cause notice issued by the Bar Council of India (BCI) to BCR's Acting Secretary over appointment of the Advocate General to oversee affairs of the state bar body as "interference".
In doing so the Committee has said that BCI's show cause notice is "invalid" and asking BCR's Acting Secretary not to reply to the same.
The Committee, headed by retired Chief Justice of Delhi High Court, Justice JR Midha in the minutes of its meetings held on February 24 said:
"If the Chairman and Members of the Bar Council continue to administer the affairs of the Bar Council of Rajasthan, it will not be possible to conduct fair and free Elections particularly when it has come to the notice that the Chairman and many Members of the Bar Council are contesting in the forthcoming elections...
The communications of the Chairman, Bar Council of Rajasthan, as well as the Bar Council of India, amounts to interference with the functioning of this Committee to conduct fair and free election in the State. Any further Act/Order(s) of the Chairman of Bar Council of Rajasthan or any other Member of Bar Council with the reference to the affairs shall be deemed to be in violation of the Model Code of Conduct. Any Member of Bar Council of Rajasthan found to be in violation of the directions and the Code of Conduct shall be treated as disqualified from contesting, proposing or seconding in the election...
This Committee is pained to declare the oral communication dated 23rd February, 2026 by the Chairman Bar Council to the Acting Secretary and the show cause notice dated 23rd February, 2026 issued by Bar Council of India to the Acting Secretary as invalid. In that view of the matter, the Acting Secretary, Bar Council of Rajasthan need not reply to the notice of Bar Council of India. The Acting Secretary, Bar Council shall continue to work under the Special Committee".
For context, the Model Code of Conduct (MCC) was approved by the Election Committee on February 19, 2026 as per which it was directed that all affairs of the BCR shall be under the supervision of Advocate General of Rajasthan till the newly elected body takes over.
After the Code was published, strong displeasure was expressed by Chairman of BCR expressed strong displeasure to the Acting Secretary of BCR, over the empowerment of the Advocate General to supervise the affairs of Bar Council of Rajasthan and the Acting Secretary was communicated that he stood suspended for publishing the Code without Chairman's prior permission.
This was followed by an email from Principal Secretary of BCI to the BCR's Acting Secretary, issuing a show cause notice, and stating that the Committee was not empowered to direct the Advocate General to administer the affairs of BCR.
The Acting Secretary placed these communications before the Committee.
In relation to this, the Election Committee assessed the validity of these communications and letters by BCR and BCI in its meeting dated February 24, 2026, and held that Committee was empowered to exercise all powers for conducting election including the powers under the Advocates Act.
It was observed that as per Section 3(2) of the Advocates Act, Advocate General was an Ex-Officio Officer of the Bar Council. Further, Section 8A provided that BCI shall immediately, upon expiry of term/extended term of State Bar Council, constitute a Special Committee, comprising of the Advocate General.
The Committee highlighted that the BCR had sent a communication on January 16, 2026 that its extended term expired on January 16, 2024. The Committee said that since the term of the BCR had expired, its members were not empowered to administer the affairs of BCR.
Furthermore, it was stated that Supreme Court had directed that the entire election process is to be "controlled and monitored under the direct supervision of High-Powered Election Committee".
"In that view of the matter, the entire election process comes under the purview of this High-Powered Election Committee," the court said.
In this background, it was opined that the Committee was empowered to exercise all powers for conducting elections, including under the Advocates Act.
“The contention of Chairman of Bar Council of Rajasthan and Bar Council of India that Bar Council of India alone can constitute a Special Committee is rejected. After the Order dated 18th November 2025 passed by the Hon'ble Supreme Court, Bar Council of India is not empowered to exercise the powers under Section 8A of the Advocates Act. If the Chairman and Members of the Bar Council continue to administer the affairs of the Bar Council of Rajasthan, it will not be possible to conduct fair and free elections particularly when it has come to the notice that the Chairman and many Members of the Bar Council are contesting in the forthcoming elections.”
The Committee observed that after the Code came into force, the Chairman and other members of the BCR were not competent to manage the affairs of the Bar Council.
Hence, it was stated that the communications and letters were in clear violation of the directions of the Committee and the Code, and amounted to interference with the functioning of the Committee to conduct fair and free election in the State.
It was opined further that any further act/orders by the Chairman of BCR or any other members of Bar Council regarding the affairs shall be deemed to be in violation of the Code, and such members shall be treated as disqualified from contesting, proposing or seconding in the election.
The Committee directed the Acting Secretary to not reply to the show cause notice, and to continue his work under the Committee.
All the staff members of the BCR were also directed to take instructions from the Committee till newly elected body took over. Any violation to the regarded as misconduct, the committee said.