Supreme Court Slams Haryana Bar Associations Over Mismanagement, Considers Appointing Ex-Judge To Oversee Elections

Taking into account certain "extremely disturbing allegations", the Supreme Court today proposed setting up of an independent Tribunal to conduct Bar Elections in the State of Haryana.

Calling on the parties to suggest names for composition of the Tribunal, the Court gave time to the Haryana Bar to resolve its issues amicably. It also expressed that it will pass necessary orders on the judicial side if need be, and warned that in case cognizance is taken, a deeper investigation into the allegations would be directed.

"We are not reluctant and we will not hesitate in delivering the judgment on judicial side. If need be, we will do that. But as we said, as of now, we would like to avoid it. If something can happen amicably, in the sense that there can be an independent, impartial, neutral Tribunal to conduct the elections who can certify that everything has taken place in fair and transparent manner...the allegations which are coming are very disturbing. the allegations which are coming to us on administrative side are extremely disturbing. And if we take cognizance, there will be very serious ramifications. I never shut my eyes. I will bring everything on record, direct deeper investigation", said Justice Surya Kant.

A bench of Justices Kant and N Kotiswar Singh was dealing with two petitions: one, involving an advocate's challenge to his disqualification from contesting Karnal Bar Association elections, and second, involving issues pertaining to the Rohtak Bar Association.

In the first matter, the Court had earlier expressed serious displeasure with the manner of functioning of Bar Council of Punjab and Haryana as well as the Karnal Bar Association. It had further asked Senior Advocate RS Cheema to suggest names of senior/respected members of Karnal Bar to whom affairs of the Bar Association could be handed over as an interim measure.

Today, Cheema appeared and assured that the list of names, as sought, would be placed before the Court shortly. The senior counsel further averred that a long-standing issue concerning the Haryana Bar members is that of chamber allotments, the money raised, and the allegations levelled in that regard.

On the other hand, Senior Advocate Menaka Guruswamy appeared in the Rohtak Bar matter and informed that the elections of the Bar were cancelled. Thereafter, a contesting candidate was disbarred for a period of 5 years and another candidate declared as elected unopposed. The latter candidate, she alleged, is a rape-accused who was denied anticipatory bail by the Supreme Court on the ground that the allegations were serious.

Considering the submissions, the Court lamented what is happening in the State of Haryana.

"I know most of them by face...I have been attending Bar Council functions only with the object that we might be able to educate the legal fraternity, may be able to bring them on constructive side...but the kind of things are happening...they know my nature, I will take such a harsh action that I will dissolve everything if need be...we will not spare anything...if this is the way they want to run the affairs of the so-called Bar Council and Bar Association...", warned Justice Kant.

Subsequently, however, the Court called on the counsels present to submit names of persons who could be part of an independent Tribunal (headed by a former judge of the High Court) to conduct the elections.

"For the sake of prestige of this institution, if you can suggest something, you are most welcome. Otherwise, we are not afraid of anyone. We will catch the bull by horn. [This is the] warning we are giving", said Justice Kant. "Our request is don't invite Court orders, try to resolve yourself", the judge added.

The Court also orally stated that it expects the P&H Bar Council and the Haryana Bar Associations to agree to the exercise, as it would be to their benefit as well.

"Where the question of credibility of an institution is raised on a judicial platform, we expect the Bar Council also to come with a stand that if they are doubting our procedure or manner of exercising power, we have no difficulty if the Court appoints an [interim] Tribunal to conduct the elections. Similar kind of response we are expecting from the bar associations also. You suggest the composition [of the Tribunal], we can request them. It will really save each of them from the allegations and counter-allegations", said Justice Kant.

Appearance: Senior Advocates RS Cheema, Narender Hooda, Menaka Guruswamy, Rajive Bhalla and RS Malik, Karan Kapoor; AoRs Shrey Kapoor and Sunny Kadiyan; Advocate Nipun Arora

Case Title:

(1) SANDEEP CHAUDHRY Versus JAGMAL SINGH JATAIN AND ORS., SLP(C) No. 7868-7869/2025

(2) SANDEEP KUMAR AND ORS. Versus BAR COUNCIL OF PUNJAB AND HARYANA AND ORS., SLP(C) No. 10323/2025 

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