SC Upholds MP HC Judgment Invalidating State Bar Council Election To The Post of Representative To BCI [Read Judgment]

“The notices dated 16.07.2014 and 19.07.2014 having not contained any agenda and the meeting also not being described as adjourned meeting, issuance of agenda for the meeting was necessary”

The Supreme Court upheld the Madhya Pradesh High Court order that invalidated the election conducted by the State Bar Council in 2014 to the post of representative in the Bar Council of India.

The Bar Council of India had dismissed the Election Petition filed by Advocate Sunil Gupta holding that there is no infirmity in the election of Advocate Pratap Mehta as representative to the Bar Council of India.

Upholding the High Court judgment that invalidated the election and directed fresh-elections, the bench comprising of Justice AK Sikri and Justice Ashok Bhushan observed that the election of the member to the Bar Council of India is statutorily regulated by Bar Council of India Rules and Rule 7 require notice by the Secretary of the State Council fixing a date for the election of the member to the Council.

The court said: “The notices dated 16.07.2014 and 19.07.2014 cannot be read as notice as required under Rule 7 for holding election of a member to the Bar Council of India from the State Bar Council, hence, the conduct of election of a member as a representative from State Bar Council to Bar Council of India in the meeting dated 02.08.2014 cannot be said to be in conformity with Rule 7 of Bar Council of India Rules.”

The bench, referred to Shackleton Law on Meetings, and observed: “The issue of agenda along with the notice is requirement of a valid meeting and it is only in context of adjourned meeting that no fresh agenda need to be issued. The notices dated 16.07.2014 and 19.07.2014 having not contained any agenda and the meeting also not being described as adjourned meeting, issuance of agenda for the meeting was necessary. Issuance of an agenda, if any election was to be conducted on 02.08.2014 was necessary.”

During the pendency of appeal before the Apex court, the state bar council had conducted fresh election to this post. Now, dismissing the appeals, the bench observed that the said election already conducted on 12.08.2018 be given effect to by all concerned.