A petition has been filed in the Karnataka High Court challenging the extension of the tenure of the Karnataka State Bar Council beyond its statutory five-year term. The plea seeks a directive to the Bar Council of India (BCI) to dissolve the current office and conduct fresh elections as mandated by law.
Justice M. Nagaprasanna, while hearing the petition filed by Advocate Rahmatulla Kothwal, stated:
"You (petitioner) serve a copy of the petition on the respondents. List the matter on Tuesday for further hearing."
According to the petition, the current office bearers were elected in 2018 and completed their five-year term in June 2023. Despite this, the BCI issued a notification on June 23, 2023, extending their tenure by eighteen months. The petitioner argues that this extension is arbitrary and lacks any valid legal basis under the Advocates Act, 1961.
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The petition contends that the extension violates Sections 8 and 8A of the Advocates Act, 1961. As per these provisions:
- Elections must be conducted every five years.
- If elections are not held in time, the BCI must form a Special Committee to oversee the process.
- Any extension beyond six months is impermissible under Supreme Court rulings.
The plea asserts that instead of conducting elections, the BCI issued an arbitrary and illegal notification, bypassing these legal mandates.
Democratic Rights and Fair Elections
The petition also highlights the importance of upholding democratic values within the legal fraternity. It states:
"The extension deprives advocates of their fundamental right to elect their representatives in accordance with law."
The plea argues that justifying the extension on the grounds of eliminating fraudulent or non-practicing advocates is a misuse of authority and imposes an unwarranted restriction on electoral rights. The extension is perceived as a means for certain individuals to illegally retain control over the council.
The petitioner urges the court to direct the BCI to:
- Consider the representation submitted on January 7, 2025.
- Issue an election schedule as per Section 8 of the Advocates Act, 1961.
- Restore transparency and fairness in the election process.
The petition cites Supreme Court judgments that mandate bar council elections must be held within the stipulated period. Any extension beyond the prescribed term is deemed illegal and undemocratic.
Finally, the petition warns against the growing perception that the Bar Council is being misused by a select few who wish to obstruct fair elections and manipulate the system for personal gain.
Case Title: Rahmatulla Kothwal vs. Karnataka State Bar Council & ANR
Case No: WP 6247/2025
