Kochi, Aug 1 (PTI) The Kerala High Court has stayed an order issued by the Chairman of the Bar Council of India appointing a non-elected former office-bearer to an interim authority constituted to carry out enrolment and other statutory functions of the Bar Council of Kerala.
Passing the interim order on two connected writ petitions, Justice Bechu Kurian Thomas on Friday observed that the inclusion of a non-elected person in the interim body prima facie violated the democratic scheme envisaged under the Advocates Act, 1961, and reflected non-application of mind.
“The inclusion of a non-elected member, prima facie, infringes the very essence of the democratic scheme of the Advocates Act, 1961,” the court observed.
The court said that while the experience of the former office-bearer could be utilised in other ways, it could not replace the statutory framework after the election results had been notified.
Pending disposal of the petitions, the court directed that the Advocate General of Kerala, an ex officio member of the Bar Council of Kerala, shall function as the Chairman of the Enrolment Committee and act as the authorised signatory along with the Secretary of the Bar Council until the first meeting of the newly elected council is convened.
The court directed that fresh enrolment certificates be printed immediately, observing that the certificates already printed showing the non-elected former chairman as the head of the interim authority were not legally sustainable.
The petitions were filed by practising advocates Prasad Chandran and Unnikrishna Kaimal B., along with elected Bar Council member Yeshwanth Shenoy, challenging the Bar Council of India Chairman’s order dated June 30, 2026.
Elections to the XIII Bar Council of Kerala were held in April this year, and the results were published in the Kerala Gazette on June 16.
Under Section 8 of the Advocates Act, the term of the elected members commenced from the date of publication of the election results. However, the first meeting of the newly elected council could not be held to constitute its statutory committees because of a pending matter before the Supreme Court relating to the co-option of two women members.
To facilitate enrolment and other statutory functions during the intervening period, the Chairman of the Bar Council of India had, on June 24, constituted an interim authority comprising the Advocate General and two newly elected members, N Manojkumar and Santhoshkumar P.
By a subsequent order issued on June 30, former Bar Council of Kerala Chairman T S Ajith, who had neither contested nor been elected in the latest election, was included in the interim authority without referring to or superseding the earlier order.
Taking note of this, the High Court observed that the failure to consider the earlier valid order prima facie reflected non-application of mind.
The petitions were admitted and posted for further hearing on August 14. PTI TBA SSK
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