High Court directed the Bar Council of India to consider the issues regarding BCI Elections  [Read Order]

On 18^th June, The High Court of Delhi, in the case of Hari Shankar Singh versus Bar Council of India, comprising of Justice Navin Chawla ordered that for elections of Bar Council in Uttar Pradesh, there is no chance of passing an interim order for protection and the petitioner shall be at liberty to file his response to the allegations made.

In the following case, the petitioner filed a petition raising issues against the impugned Order that has been passed by the respondent without any authorization. The petitioner also raised the issue that the respondent does not have the jurisdiction to pass an order removing/restraining the Chairman of the State Bar Council from acting in that capacity.  

Petitioner and Respondent Contentions

The petitioner submitted that the general power of issuance of directions as contained in Section 48-B of the Advocates Act, 1961 does not extend to restricting the Chairman of the State Bar Council from discharging his duties.

The Respondent submitted that such power is vested in the respondents under  Section 7(1)(d) and 7(1)(g) of the Act and Rule 12(D)(18), Part II of the Bar Council of India Rules.

Complaint against the petitioner has been made by 13 out of 24 members of the Bar Council of Uttar Pradesh and is of serious nature.

Order by High Court

The court opined that since the elections for the Bar Council of Uttar Pradesh have been scheduled on 05.07.2020, no case for passing an interim order for protection is made out.  The petitioner shall be at liberty to file his response to the allegations made, In case any such reply/representation is made by the petitioner, the Bar Council of India is directed to consider the same expeditiously and in any case within a period of two weeks from the receipt thereof and pass a Speaking Order thereon.  If the petitioner is aggrieved of such order, it shall always be open to the petitioner to challenge the same in accordance with the law.

Also, the notice was issued to the respondent regarding the same matter which was duly accepted by the respondents.

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