Orissa High Court Directs State Bar Council To Hold Election Within 6 Weeks On The Basis Of Existing Electoral Roll

The Orissa High Court recently directed the Odisha State Bar Council to hold its 'long overdue' election within 6 weeks on the basis of the existing electoral roll and not to wait for the ongoing verification process of electoral rolls to get completed.

Essentially, the Bench of Justice Arindam Sinha was hearing a plea filed by the 2 ex-official bearers of Odisha State Bar Council, who submitted that the State Bar Council conducted its last Council Election in the year 2014, and the tenure of its members expired on 5th May 2019 and thus, they sought a direction for the conduct of the election. 

Stand of the State Bar Council and Bar Council of India

Appearing before the Court, the State Bar Council submitted that unless the process of verification of Certificate of Practice and of identification of non-practicing advocates is completed, the election can't be held.

In this regard, the State Bar Council referred to Rule 23 of Chapter-VI of Verification Rules, 2015 arguing that it bars the State Bar Councils from, inter alia, conducting elections unless the process of verification of certificate of practice and of identification of non-practicing advocates is completed under the rules by publication of their names under rule 20.4.

It was also submitted that the process of the verification will require 519 days and this projected time frame expires on 4th January 2023, however, the State Bar Council told that it shall make the efforts to complete the process by November 2022.

On a query from Court, it was also told to the Court that the State Bar Council has been receiving term extensions from the Bar Council of India after its original 5-year term ended in May 2019 under Section 8 in Advocates Act, 1961.

It was also submitted that it would require further term extensions for the purpose of the verification process.

Court's observations 

At the outset, the Court noted that undoubtedly, there is a necessity for verification of electoral rolls as well as the conduct of elections to the State Bar Council, however, referring to Section 8 of the Advocates Act, 1961, the Court observed that the Bar Council of India can extend the term of a particular State Bar Council for a period not exceeding six months only once.

Therefore, in the facts and circumstances of the instant case. the Court noted that the Bar Council of India could have extended State Bar Council's term beyond May 2019 (when its original 5-year term ended) only once and not multiple times as had happened.

"This Court is convinced that election must be held by the State Bar Council and Bar Council of India is not empowered to have extended the period under section 8 beyond six months on the expiry of May 2019," the Court observed as it noted that Rule 23 cannot be read as barring holding of elections against the mandate in section 8

Further, referring to Lakshmi Charan Sen v. A.K.M. Hassan Uzzaman, reported in (1985) 4 SCC 689, the Court also stressed that Election laws abhor a vacuum and that there cannot be the arrest of the process of election.

Resultantly, the Court directed the State Bar Council to hold the election on the basis of the existing electoral roll within six weeks from the date of communication of the instant order.

Case title - Chinmay Mohanty and another v. Bar Council of India and another
Case Citation: 2022 LiveLaw (Ori) 3

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