Supreme Court Issues Notice On Plea Against BCI Rules Restraining Bar Association Office Bearers From Contesting State Bar Council Elections

The Supreme Court today issued notice on a plea challenging Chapter III of the Bar Council of India Election Rules, 2016 for restraining office bearers of District and High Court Bar Associations from contesting State Bar Council elections.The plea points out that the Rules prohibit office bearers of District and High Court Bar Associations from contesting State Bar Council elections, but allow office bearers of the Supreme Court Bar Association to contest the same.A bench of Justices Surya Kant and Joymalya Bagchi passed the order, with Justice Kant observing that the "issue requires consideration". It however denied interim relief of stay at this stage, pointing out that the petitioners chose to challenge the 2016 Rules in 2025 only because Bar elections are near (a reference to UP State Bar Council elections in January).Senior Advocate PB Suresh appeared for the petitioners and prayed that atleast the nomination of office bearers of the petitioner-Bar Association may be accepted for the upcoming UP Bar Council elections. But the court refused to grant the relief.The petition, filed by Bulandshahr District Bar Association and its President, claims that the disparity between the rules for District and High Court Bar Association office bearers on one hand and SCBA office bearers on the other is discriminatory and violative of Articles 14 and 19(1)(c) of the Constitution. The petitioners pray that all District and High Court Bar Association office bearers be allowed to contest State Bar Council elections at parity with SCBA office bearers. They further urge that the impugned law may be read down to include participation of office bearers of District and High Court Bar Associations, with an option to demit office after the said elections."There is clear cut arbitrariness in conferring special privilege to one set of advocates practising before the Hon'ble Apex Court over other advocates. It is beyond reason to confer such special privileges on advocates practising before this Hon'ble Court and holding posts in the SCBA" the petitioners aver.In the petition, it is mentioned that a meeting of the executive officers and executive members of the petitioner-Bar Association was held on 31.10.2025, where it was agreed that restriction of the petitioner's office bearers from contesting UP State Bar Council election is against the Constitution.It is further stated that the President of the petitioner-Bar Association (petitioner No.2) wishes to contest in the upcoming Bar elections in UP. However, in view of the 2016 Rules, he is disqualified.Appearance: Sr Adv PB Suresh, AoR Aishwarya Singh, Advocates Sughosh Subramanyam, Sanskriti Samal and Deeksha Gupta (for petitioners)Case Title: DISTRICT BAR ASSOCIATION BULANDSHAHAR AND ANR. Versus BAR CONCIL OF INDIA AND ANR., W.P.(C) No. 1097/2025Click Here To Read/Download Order

Supreme Court Issues Notice On Plea Against BCI Rules Restraining Bar Association Office Bearers From Contesting State Bar Council Elections

Debby Jain

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