Disciplinary Proceedings To Be Initiated Against Those Who Engage In E-Filing Of Cases: KHCAA Warns Members

The Kerala High Court Advocate's Association on 9th July has issued a notice cautioning that its members who continue to use the e-filing method in violation of its decision shall be liable to be subjected to disciplinary proceedings.

The KHCAA had decided in its General Body Meetings held on the 16th and 17th May 2021 that they will not resort to the e-filing system to file cases and that all its members would confine themselves to the physical mode of filing. 

The Association expressed appreciation in how most of the members had taken a steadfast stand in the implementation of the said decision. 

However, upon noticing that a few members were flouting the decision, the Association announced that "the blatant indiscipline shown by a few without any justification deserves to be strongly deprecated and they are liable to be subjected to a disciplinary proceeding under Rule 13A of the Kerala High Court Advocates' Association Rules 1971."

'The strength of our Bar depends upon unity and strong adherence to the collective decisions taken by our Bar Association,' the notice read. 

Accordingly, the Association warned that such disciplinary proceedings will be initiated against defaulting members without any further notice if it was observed that they were not willing to mend their ways.

This development comes after the KHCAA took a unilateral stand regarding the implementation of the Electronic Filing Rules for Courts (Kerala), 2021 introduced by the Kerala High Court. The Bar Council of Kerala had also expressed its objections to the said Rules. 

The Association had addressed a letter to the Chief Justice of Kerala High Court seeking the discontinuation of the said Rules. 

When no action was taken pursuant to this, KHCAA  had recently submitted two elaborate reports regarding the legal and technical challenges involved in the  E-filing Rules. 

 Click here to read/download notice