Can Bar Council Interfere In Election Process Of Bar Association? Kerala High Court To Consider

The Kerala High Court on Thursday admitted a writ petition questioning the power of the Bar Council of Kerala to interfere in the election process and affairs of a Bar Association.

Advocates Unnikrishnan KM and Oliver Dantes, the President and Secretary of Kunnamkulam Bar Association approached the High Court challenging a letter issued by the Bar Council of Kerala in which it intimated that it has resolved to authorize two members to settle the dispute and also authorized them to conduct the election. 

The former President and Secretary of the said association had approached the Bar Council requesting them to conduct a fresh election under the supervision of a person appointed by the Council. Later, this dispute was settled and a mediation agreement was arrived at. The petitioners state that later the former President and Secretary retracted from this agreement and thereafter the Bar Council issued this letter as stated above.

"Being a statutory body constituted under the Advocates Act 1961 the Bar Council is bound to act in accordance with the powers vested with them under the Act. Issuance of the letter with a view to interfere in the election affairs of the Kunnamkulam Bar Association is beyond the scope of powers vested with them under the Act. The Bar Council has no Jurisdiction to interfere with the internal affairs of the Bar Association.", the petitioners contended.

Justice PB Suresh Kumar, while admitting the writ petition, has also stayed the letter issued by the Bar Council.

Advocates C. Dheeraj Rajan and Anand Kalyanakrishnan appeared for the petitioners.

Click here to Read/Download Interim Order