The Karnataka High Court has issued a notice on a petition filed by a member of the Karnataka State Bar Council (KSBC) challenging the Bar Council of India’s (BCI) notification nominating Mittalakod Shiddalingappa Shekharappa as Chairman of the State Bar Council, despite the fact that the election process was already underway.
The petition, filed by K Koteshwara Rao, argues that the BCI’s notification is illegal and beyond its authority. The plea calls for the annulment of this nomination and requests the formation of a committee under Section 8A of the Advocates Act, along with relevant BCI Rules, including Rule 32 of the Bar Council of India Certificate and Place of Practice (Verification) Rules, 2015. Additionally, the plea demands that elections be conducted immediately to elect new members to the KSBC.
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Justice M Nagaprasanna heard the matter on March 21 and subsequently issued notice to the respondents. The court stated:
“Learned counsel Sri. T.P. Vivekananda is directed to accept notice for respondent Nos. 2 and 3. Learned counsel for respondent No. 1 (BCI) - Smt. Anubha Srivastava seeks ten days' time to file statements or make her submissions, as the case would be. List this matter on 07.04.2025.”
In May 2024, KSBC’s then-Chairman H.L. Vishala Raghu and Vice Chairman Vinay Mangalekar resigned from their positions. Following this, an election schedule was announced on May 31, 2024, detailing the dates for filing nominations, scrutiny, withdrawal, and the final election date set for June 23, 2024.
However, it is alleged that:
“When such a democratic process to elect the Chairman and Vice Chairman was already initiated, and nominations were filed, the election process was abruptly halted. The 1st Respondent BCI, through a letter dated 11.06.2024, arbitrarily stayed the election of Chairman and Vice Chairman of KSBC and illegally extended the tenure of Vishala Raghu and Vinay Mangalekar, despite their resignations being accepted by KSBC.”
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Later, through a communication dated February 20, 2025, BCI nominated Respondent No. 3, Shekharappa, as the new Chairman of KSBC. The plea contends that Rule 32 of the Certificate and Place of Practice (Verification) Rules has been misinterpreted and misused by BCI to justify this nomination.
The petition asserts that the Advocates Act and various rules govern the operations of BCI, State Bar Councils, and practicing advocates across India. It further states that Rule 32 strictly provides for the formation of an Ad-hoc Committee responsible for preparing electoral rolls for the State Bar Council elections. The rule mandates that this committee function under the special committee formed under Section 8A of the Advocates Act, making the nomination of Shekharappa under Rule 32 legally questionable.
The plea requests the court to annul the impugned notification and instruct the BCI and KSBC to take immediate steps to conduct elections. As an alternative, the plea demands that KSBC conduct elections for the posts of Chairman and Vice Chairman until full member elections are completed.
Case Title: K Koteshwara Rao vs. Bar Council of India & Others
Case No: WP 8539/2025