Plea In Karnataka High Court Seeks Fresh Elections To State Bar Council, Says Extension By BCI After 5-Yr Tenure Ended In June 2023 Invalid

A petition has been filed in the Karnataka High Court seeking a direction to the Bar Council of India (BCI), to dissolve the present office of the Karnataka State Bar Council which has completed its statutory tenure of 5 years in June 2023.

Justice M Nagaprasanna heard the petition filed by Advocate Rahmatulla Kothwal and said, “You (petitioner) serve a copy of the petition on the respondents. List the matter on Tuesday for further hearing.”

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.

Further it contended that the extension of the term is arbitrary, unlawful, and violative of the provisions of the Advocates Act, 1961 as it deprives the advocate fraternity of its statutory and constitutional right to elect their representatives in accordance with the established legal framework.

Such an extension purportedly justified on the pretext of eliminating fraudulent individuals and non-practicing advocates from participating in the elections of the State Bar Council is not only legally untenable but also amounts to an unreasonable and unwarranted restriction on the democratic exercise of electoral rights by duly qualified advocates.

Finally it is claimed that an impression is that the Bar Council is becoming a tool in the hands of a few who does not want a free and fair election process and wants to Illegally usurp the office of the Council.

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

Case No: WP 6247/2025