Karnataka High Court Seeks BCI's Response On Plea To Dissolve State Bar Council, Hold Fresh Elections

The Karnataka High Court on Tuesday directed the Bar Council of India to respond to a petition seeking to dissolve the present office of the Karnataka State Bar Council, which completed its statutory tenure of 5 years in June 2023, and to hold fresh elections.

Justice S Sunil Dutt Yadav said, “Bar Council of India is to take stand as regards the contention of the petitioner who has placed reliance on Section 8A of Advocates Act.”

The provision states that if elections to the State Bar Council are not conducted before the expiry of the tenure, BCI must constitute a Special Committee to take charge and conduct the elections at the earliest.

Advocate TP Vivekananda appearing for KSBC however submitted that in terms of the amendment to Rule 32 of Bar Council of India (Certificate and Place of Practice Verification) Rules 2015, the State Bar Council has 18 months, after the lapse of tenure, to complete the verification process. The said 18 months period stood completed in May 2025.

However, it pointed that a further period of six months therefrom was granted to conduct the elections.

Thus it was submitted that if the timeline under Rule 32 is to be taken note of then, the entirety of the process would have to be completed by November 04, 2025 and until then, holding of elections is "difficult".

After hearing the matter for some time, the Court said it is necessary that BCI files its response in the matter.

"The plain reading of Rule 32, prima facie would provide that the process of holding of elections is to be completed within a period of six months after the period of 18 months that is granted for completing the verification process, of which 18 months may be extended tenure for the body,” it noted.

As per the petition the current office bearers of the State Bar council were elected in the year 2018 and have completed their statutory tenure of 5 years in June 2023 and the extension granted under the Notification issued by the BCI is without any valid justification, contrary to the provisions of Advocates Act, 1961.

The plea prays for a directions to the BCI to consider the representation dated 07.01.2025 made by the petitioner, seeking a direction to conduct elections and issue calendar of events in accordance with Section 8 of the Advocate's Act, 1961, to uphold the rule of law, transparency, and democratic process within the Karnataka State Bar Council.

The plea says that under Section 8A of the Advocates Act, 1961, if elections are not conducted before the expiry of the tenure, the Bar Council of India must constitute a Special Committee to take charge and conduct the elections at the earliest. However, instead of conducting fresh elections, the Bar Council of India issued an arbitrary and illegal notification dated 23.06.2023, which extended the tenure of the present office bearers by eighteen months without any legal basis, the plea said.

It is claimed that the impugned notification is in direct contravention of Sections 8 & 8A of the Advocates Act, 1961 and violates the Supreme Court's precedents, which categorically mandate that Bar Council elections must be conducted every five years and that any extension beyond six months is impermissible.

The matter will next be heard on July 31.

Case Title: Rahamatulla Kothwal AND Karnataka State Bar Council & ANR

Case No: WP 6247/2025