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BREAKING : Karnataka High Court Refuses To Interfere With Stay On Bar Council Of India Elections

Mustafa Plumber

4 Dec 2021 8:22 AM GMT

    • BREAKING : Karnataka High Court Refuses To Interfere With Stay On Bar Council Of India Elections

    The Karnataka High Court on Saturday refused to interfere with the interim order passed by the single judge bench, by which it has stayed the holding of elections on December 4 or to any other adjourned date to the office of the Chairman, Vice-Chairman and Executive Members of the Bar Council of India.A division bench of Chief Justice Ritu Raj Awasthi and Justice Sachin Shankar Magadum...

    The Karnataka High Court on Saturday refused to interfere with the interim order passed by the single judge bench, by which it has stayed the holding of elections on December 4 or to any other adjourned date to the office of the Chairman, Vice-Chairman and Executive Members of the Bar Council of India.

    A division bench of Chief Justice Ritu Raj Awasthi and Justice Sachin Shankar Magadum while dispossing of the intra-court appeal filed by BCI said, "We are of the considered view that no lis has been decided. The writ appeal would not be maintainable. However, It would be open to the appellant (BCI) they may move an application for vacation of interim order. In case of filing of such application within one week,it is expected that writ court will decide in accordance with law expeditiously as early as possible. With this observations appeal is disposed off."
    The single judge has passed the order in a writ petition by Advocate Sadashiva Reddy YR, a member of the BCI from the Karnataka State Bar Council, challenging the BCI resolution of November 19 for scheduling the elections to the offices of Chairman, Vice-Chairman and Executive Members on December 4.
    The petitioner's case was that the tenure of the existing office bearers of BCI is till April 17, 2022. Therefore, there is no necessity to hold the elections 4 months ahead of the expiry of the term. Although the senior counsel conceded that the Rules do not clearly specify when the elections are to be held, he argued that it is highly arbitrary and unreasonable to deviate from the established practice of not holding elections too early and too ahead of the expiry of the term. It was further argued that the election meeting was held without issuing statutory notice.
    The Single Bench recorded a prima facie agreement with the petitioner's argument while issuing notice to the Bar Council of India.
    "A perusal of the petition papers lends support to the above submissions canvassed on behalf of the petitioner; apparently, the tenure of the Committee is going to expire only in the second half of April, 2022 and therefore, there is no reason for scheduling the election in question at too early a point of time; no prejudice would be caused to anyone if the scheduled election is interdicted for the time being", the order passed by Justice Krishna S Dixit on November 25 stated.
    Arguments before Division Bench

    Advocate Irfana Nazeer, appearing for the BCI, submitted that the interim order has been obtained by material concealment of facts, as petitioner has not disclosed the BCI resolution of 2017, which clearly allows election to be held in December, although the term of the elected office bearers is to expire in April 2022. It was also submitted that as per resolution 495/2019, the office bearers to take charge from April 18, 2022. Also, no prejudice is caused to the petitioner due to the decision, the BCI's counsel argued.

    Senior Advocate Jayakumar S Patil, appearing for respondent no 2(the writ petitioner), submitted that there is no concealment on part of petitioner as resolution of 2017 was not on the BCI website. It is also submitted that no justification is provided for holding election four months before expiry of the term. Even in case the Chairman, and other office bearers, lose their election, they will continue to hold office, which will create a peculiar situation, he submitted.

    Tags
    Karnataka High CourtBar Council of India (BCI)BCI ElectionChief Justice Ritu Raj AwasthiJustice Sachin Shankar Magadum
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