Rajasthan HC Stays State Bar Council Resolution Extending Tenure Of Bar Association Members, Appoints Interim Administrative Committee

Note: The High Court's order has been subsequently stayed by the Supreme Court.

The Rajasthan High Court has admitted a petition challenging the resolution of the Bar Council of Rajasthan (“BCR”) dated April 16, 2024, which extended the tenure of the elected office bearers of the Bar Association from one year to two years. The court stayed the effect and operation of the resolution and appointed an Administrative Committee to manage the affairs of the Bar till final disposal of the petition.

The division bench of Chief Justice Manindra Mohan Shrivastava and Justice Munnuri Laxman opined that on a prima facie level, it appeared that the amendment in the bye-laws based on the resolution was a blatant violation of Section 12 of the Rajasthan Societies Registration Act, 1958 (“the Act”) that prescribed a procedure for such alterations in relation to societies.

As per Section 12 of the Act, any proposition of such alterations had to be sent by post to every member of the society 10 days prior to the special general meeting to be convened by the governing body for consideration and voting on the same, followed by a second special meeting one month after the first meeting confirming such voting.

Counsels representing the BCR argued that the proposal to amend the by-laws was displayed on the notice-board in Bar Association's office and it was followed by a meeting on April 16, 2024, where voting took place, and the amendment was approved.

After hearing the contentions, the Court held that as per the arguments submitted by the BCR, it appeared that BCR did not fulfil the procedure provided in Section 12 of the Act.

“The entire case of the respondents that amendment in the by-laws have taken place is founded only on the basis of resolution passed on 16.04.2024. In view of the above consideration, we are prima facie of the view that the amendment in the by-laws which is in blatant violation of the provisions contained in Section 12 of the Act.”

Accordingly, as an interim order, the operation of the resolution passed by BCR to extend the tenure was stayed, and since the tenure of existing members of the Bar Association had come to an end, an Administrative Committee was appointed to manage the affairs of the Bar till final disposal of the case, comprising following members:

1. Mr. Jagmal Singh Choudhary, Sr. Advocate

2. Dr. Sachin Acharya, Sr. Advocate

3. Mr. G.R. Poonia, Sr. Advocate

The petition was listed on March 17, 2025, for final hearing.

Title: Sunil Vyas v Bar Council of Rajasthan & Ors

Click Here To Read/Download Order.