'Is Pendency Of Plea Before SC A Reason To Not Hold Elections To State Bar Council?' Karnataka High Court Seeks Clarification From BCI, KSBC

The Karnataka High Court on Thursday (August 14) sought a clarification from Bar Council of India (BCI) and Karnataka State Bar Council (KSBC) on whether the proceedings pending with the Apex court regarding issuance of certificate of practice to advocates is a reason to not hold elections to KSBC.

Justice B M Shyam Prasad said, “The question that needs to be answered for this court's clarification is whether the pendency of writ petition with the Apex court on the process of issuance of certificate of practice, would be a reason to not hold elections. Especially in the light of the Bar Council of India's communication date 31-07-2025, wherein it is stated that the election to the State Bar Councils shall be notified shortly.”

The direction was given while hearing a petition filed by Advocate Rahamatulla Kothwal seeking a direction 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.

The bench said “Liberty is granted to BCI and KSBC to file response and directed to relist the petition for further hearing on August 30.”

Advocate T P Vivekananda, appearing for KSBC informed the court that 29,000 applications received by it are still to be verified and the process is not yet completed.

To this the bench remarked “You have to still verify around 29,000 odd applications? At snails pace or super sonic pace will you (KSBC) do it? This will be an ongoing process then why not an election be held?"

The counsel for BCI informed the court about the petition pending before the Apex court.

The bench on going through the communication issued by the BCI said, “This court, on going through the BCI communication, discerns that KSBC was required to not only file a report on status of verification for issuance of certificate of practice. But also file a report on election related preparations. The KSBC report is silent about it.”

As per the petition the current office bearers of the State Bar council were elected in  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.

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

Case No: WP 6247/2025