The Kerala High Court has stayed the operation of an order issued by the Bar Council of India (BCI) that constituted a Limited Interim Authority for the Bar Council of Kerala after including a former Chairman who was no longer an elected member. The Court observed that once election results are officially published, the statutory tenure of elected members begins, and including a non-elected person in such an authority appears contrary to the scheme of the Advocates Act, 1961.
Background of the Case
The petitions were filed by practising advocates Prasad Chandran & Another and elected Bar Council member Yeshwanth Shenoy, challenging the BCI Chairman's order dated June 30, 2026. The impugned order constituted a Limited Interim Authority comprising the Advocate General of Kerala and three other persons for enrolment and specified administrative functions. The principal objection was to the inclusion of the fourth respondent, who had ceased to be a member of the Bar Council after the 2026 elections and had not even contested the latest election.
The Court noted that the Bar Council of Kerala election results had been published in the Gazette on June 16, 2026. Under Section 8 of the Advocates Act, the tenure of elected members begins from the date of publication of the results, even if the first meeting of the Council has not yet taken place.
Court's Observations
Justice Bechu Kurian Thomas found that an earlier BCI order dated June 24, 2026 had already constituted an interim authority consisting of the Advocate General and two duly elected members. However, the subsequent June 30 order replaced that arrangement without explaining why the former Chairman, who was no longer an elected member, had been included.
The Court observed,
"The failure to bear in mind Ext.P5... prima facie, indicates non-application of mind."
The Court further remarked that
"Such an inclusion of a non-elected member, prima facie, infringes the very essence of the democratic scheme of the Advocates Act, 1961."
While acknowledging that the former Chairman's experience could be valuable, the Court held that experience alone could not override the statutory framework governing the elected Bar Council.
The Bench also found it inappropriate that enrolment certificates scheduled to be issued on August 1, 2026 had already been printed showing the fourth respondent as Chairman, directing that fresh certificates be printed.
Court's Decision
Finding a prima facie case, the Kerala High Court stayed the operation of the BCI Chairman's order dated June 30, 2026 pending disposal of the writ petitions.
The Court directed that the Advocate General of Kerala, being the ex-officio member of the Bar Council, shall function as Chairman of the Enrolment Committee and act as the authorised signatory along with the Secretary of the Bar Council until the newly elected Bar Council convenes its first meeting.
The matter has been posted for further hearing on August 14, 2026.
Case Details
Case Title: Prasad Chandran & Another v. Bar Council of India & Others (Leading Case) connected with Yeshwanth Shenoy v. Bar Council of India & Others
Case Number: WP(C) No. 25168 of 2026 and WP(C) No. 26232 of 2026
Judge: Justice Bechu Kurian Thomas
Decision Date: 31 July 2026
