Chattisgarh High Court
In The Matter Of Suo Moto Public Interest ... vs State Of Chhattisgarh on 6 March, 2025
HIGH COURT OF CHHATTISGARH AT BILASPUR
WPPIL No. 25 of 2025
In The Matter of Suo Moto Public Interest Litigation
Versus
State Of Chhattisgarh And Others
Order Sheet
06.03.2025 This is an office reference.
Heard Shri Prafull N Bharat, learned Advocate General, and Shri
Y.S.Thakur, learned Additional Advocate General, appearing for the
State, Shri Shivang Dubey, learned counsel appearing for respondent-
2/Bar Council of India, Shri Palash Tiwari, learned counsel appearing for respondent-3/State Bar Council of Chhattisgarh, and Shri Umakant Singh Chandel, for respondent-4/High Court Bar Association.
In compliance of the order dated 18.02.2025, an affidavit dated 25.02.2025 has been filed by the Principal Secretary, Bar Council of India, the relevant portion of which reads as under:
"1. The respondent most humbly submits that the Bar Council of India has brought amendments in Rule 2, 4 and 5 of Bar 2 Council of India Rules (BCI Rules herein after) in the meeting held on 29 and 30 of November 2014.
2. The respondent most humbly submits that the amendments brought in Rule 4 of BCI Rules in the meeting held on 29 and 30 November 2014 as published in the gazette of India on 30.01.2015 is reproduced herein below:
(i) All the State Bar Councils shall publish a notice in the Official Gazette as well as in two or more local newspapers, one English and other in Local language as may be decided by the Bar Council, at least 180 days before the date of election, asking each of the Advocates on the roll of the concerned State Bar Council to intimate the State Bar Council within the time to be specified in the said notice or within such extended time as may be given or allowed by the State Bar Council for reasons to be recorded as to whether he has incurred any disqualification mentioned in Rule 2 of these Rules and quote these Rules (newly amended Rule 2) of these rules in the said notice.
(ii) A Preliminary electoral roll containing the names of all advocates whose names are required to be all included under these rules shall be put up on the Notice Board of State Bar Council within 150 clear days before the expiry of the terms of the members of the State Bar Council necessitating the election (and the relevant portion thereof shall be sent to all the Bar Association).
Furthermore, amendment brought to Rule 5 of the Bar Council of India rules reads as follows:
35. The final electoral roll shall be prepared after incorporating all the changes made in the list of Non-
Practicing Advocates finally approved by Bar Council of India as per Rule 20 of Bar Council of India Certificate and Place of Practice Verification) Rules, 2015 or Bar Council of India Certificate of Practice Renewal Rules, 2014 and all other changes as may be necessary including the addition of names of Advocates enrolled after the preparation of the preliminary roll and put up on the notice Board of the State Bar Council not more than 75 clear days and not less than 60 clear days before the date of election (Intimation of such publication shall be given within a week after the publication to the Bar Association aforesaid)"
(A copy of Gazette Notification dated 30.01.2015 is annexed herewith Annexure R-1)
3. The respondent humbly submits that the Bar Council of India on 20.09.2022 vide the gazette published "Bar Council of India Uniform Rules (and Mandatory Guidelines) for the Elections of Bar Council, 2016, the Chapter II, clearly specifies that, "Returning Officer (RO) The Returning Officer to conduct the elections of any State Bar Council shall be a former Chief Justice of any High Court, or a formal Judge of any High Court, having atleast 7 years of experience preferably as a Judge of any High Court. But if such Judges of other States are not available then Chief Justice or Judges of own State could be appointed.4
The RO shall be appointed/nominated by the State Bar Council with the approval of Bar Council of India. (A copy of Gazette Notification dated 20.09.2022 is annexed herewith as Annexure R-2).
4. The Bar Council of India again vide Item No. 129(G)/2023, in its Council meeting dated 25.06.2023 framed Regulations Governing the procedure for Election Petitions and applications Before the Central Election Tribunal Committees of the Bar Council of India for resolution of issue relating to Election Disputes and other related matters of elections of the State Bar Councils and the Elections of Member Representatives to the Bar Council of India from the State Bar Councils.
(A copy of Gazette Notification dated 10.10.2023 is annexed herewith as Annexure R-3)
5. The respondent most humbly submits that the purpose of gazette notification is to inform and make aware public at large about the resolutions passed by the Bar Council of India. It is humbly submitted that it is in common parlance that once a resolution is published in official gazette it is deemed to be in the knowledge of public at large and institutions.
6. The respondent most humbly submits that the contents of rule books of Bar Council of India published by few publication houses have not been updated by them. They are still publishing old rules without updating and verifying the amendment brought by the BCI.
7. It is respectfully submitted that any rule proposed by the Rule Committee or any important subject discussed during a 5 meeting of the General House of the Bar Council of India may be considered for rule-making through a resolution. This resolution, passed by the General House, comprising representatives from each State Bar Council is subject to detailed deliberation and approval. Once approved and published in the Gazette of India, the rule comes into effect.
8. The respondent most humbly submüs that the State Bar Council of other states have adopted the amendments brought in Rule 4 of BCI rules.
9. The respondent most humbly submits that all these rules are duly notified in the official garette, and it is the responsibility of the State Bar Councils to stay updated with all BCI rules as officially published. The BCI shall also make efforts to remind State Bar Councils to regularly review the gazette notifications to prevent similar situations from arising in the future.
10. The respondent most humbly submits that it is duty-bound to uphold the democratic process of electing representatives to the State Bar Councils by ensuring fair and transparent elections. To this end, it has enacted the Bar Council of India Uniform Rules (and Mandatory Guidelines) for the Elections of Bar Councils, 2016, published in the Gazette of India on 20.09.2022, and the Bar Council of India Rules (pertaining to qualification/disqualification, election procedures, and code of conduct for the elections of SBC/BCI, 2023), published in the Gazette of India on 23.06.2023.
11. The respondent most humbly submits that the amendments brought in Rule 2. 4 and 5 of Bar Council of India Rules are in consonance with the obligation of BCI to conduct 6 fair and transparent elections.
12. It is pertinent to mention that, through its letter BCI:D:562/2024 dated 03.02.2024, addressed to the Secretary of the State Bar Council of Chhattisgarh the Bar Council of India informed the State Bar Council that its elections were long overdue due to an extension of its term and the prolonged functioning of the Special Committee. The Bar Council of India, through this letter, conveyed that, as per a Council resolution dated 20.01.2024, it had unanimously decided to fix 05.04.2024 as the election date for the State Bar Council of Chhattisgarh. The relevant paras of the letter is quoted below for your perusal.
"The General Council of the Bar Council of India under the present facts and circumstances, considering the inordinate delay in conducting the election of the State Bar Council, since the last elected tenure of the State Bar Council tenure expiring and even extensions under Section 8 of Advocate Act, 1961 expiring, and keeping in view the long duration of Special Committee of the State Bar Council of Chhattisgarh functioning wef 02.02.2021, for more than 2 years, in order to preserve the democratic ethos and sanctity of the statutory body, has unanimously resolved by way of its Council resolution dated 20.01.2024 to fix the 1st Friday of April 2024, ie 5th April 2024 as the date for the elections of the State Bar Council of Chhattisgarh along with the schedule of election guided by the schedule timelines provided by the Hon'ble Supreme Court of India -
15 days for nomination Nomination Period: The period for the submission of 7 nominations shall commence from 21.02.2024 and conclude on 06.03.2024 1 week for withdrawal of nomination.
to upload final candidates list in 1 (one) week i.e. 14 days period Scrutiny of Nominations :Scrutiny of the received nominations shall take place from 10 AM on 07.03.2024 and conchude on 12.03 2024 till 5 pm. Each day timings will be from 10 am to 5 pm Publication of Candidates' list List of Candidates who have filed nominations shall be published on 13.03 2024 at 5 pm. Withdrawal of Nominations. The withdrawal of nominations shall begin with effect from 13.03.2024 and conclude on 19.03.2024 The timings for each day from 10 am to 5 pm. Publication of Final List of Candidates. The final list of candidates shall be published on 20.03 .2024 at 5 pm. Election Date The elections for the State Bar Council of Chhattisgarh shall be held on the Ist Friday of April 2024 Le on 05.04.2024 from 10 am till 5 pm. In the light of the above, the State Bar Council of Chhattisgarh is directed to promptly notify and conduct the elections in adherence to the extablished rules. It is imperative to ensure a smooth and transparent electoral process that supholds the principles and regulations governing the State Bar Council.
To oversee the election process, a Committee will be constituted by the Bar Council of India.
The Returning Officer for this election shall be a former Judge of the High Court, ensuring the impartiality and credibility of 8 the electoral proceedings.
This, under the exceptional circumstances mentioned above, shall be treated an exception to the amended Rule-32 of Bar Council of India Certificate and Place of Practice (Verification) Rules 2015 which has prescribed for the count of the tenure of the Members of all the State Bar Councils till after the completion of the process of verification. We request the State Bar Council of Chhattisgarh to take immediate actionwith all concerned about the election schedule and ensure that the election process in conducted in a fair and organized manner.
(A copy of letter BCI:D 562/2024 dated 03.02.2004, addressed to the Secretary, State Bar Council of Chhattisgarh is annexed herewith as Annexure R-4)
13. The Bar Council of India, through its letter BCI D:5026/2024 dated 10.09.2024. addressed to the Hon'ble Advocate General of Chhattisgarh, called for mmodiate action to conduct elections for the State Bar Council of Chhattisgarh Taking a serious view of the prolonged delay, the Bar Council of India expressed greve concern over the failure of the State Bar Council to comply with the previously fixed election schedule în strong terms, the Bar Council of India demanded that the elections be conducted without any further delay. The relevant part of the letter is quoted below for your kind perusal.
"Further, I would like to mention here that vide letter dated 03.02.2024 bearing BCI:D:562/2024, the Bar Council of India had communicated its resolution dated 20.01.2024 passed by 9 the General Council of the Bar Council of India whereby the schedule of the election of Bar Council of Chhattisgarh had been fixed for 1st Friday of April, 2004 ie 05.04.2024, but Bar Council of Chhattisgarh has failed in comply with the direction of Bar Council of India.
In response to this ongoing and severe failure to comply with statutory obligation, the BCI shall be more constrained to invoke in powers under Section 48B of the Advocates Act, which empowers it to issue binding directives to any State Bar Council falling to perform its duties.
The BCI shall have to utilize these powers to enforce compliance and restore proper goverance. This communication serves as a final notice. If the election process is not initiated and concluded by the end of October 2024, the Bar Council of India will be compelled to take direct action.
The BCI will exercise its authority under Sections-7(1)(m), and 48B of the Advocates Act 1961, to oversee and conduct the elections ensuring transparency and fairness under the supervision of a retired High Court Judge. The Bar Council of India is resolutely committed to addressing this issue to prevent further administrative neglect and legal evasion.
We urge immediate and decisive action and await your prompt response to avert the need for BCI intervention."
(A copy of letter dated BCI:D: 5026/2024 dated 10.09.2024, addressed to Hon'ble Advocate General, Chhattisgarh is annexed herewith as Annexure-R-5) 10
14. The Bar Council of India again vide its letter BCI:D 852/2025 (CL) dated. 10.02.2025, addressed to Hon'ble Advocate General, Chhattisgarh, issued a final directive for immediate commencement of State Bar Council of Chhattisgarh election process.
Relevant portion of the letter is reproduced herein below for your kind perusal "This matter was addressed previously in our letter dated 10.09 2024 (BCID: 5026-2024) where the Bar Council of India issued a stern directive emphasizing the urgency of holding elections and highlighting the continuance of the Special Committee beyond permissible limits The facts remain undisputed, that the elected tenure of the State Bar Council of Chhattisgarh expired long back, and despite multiple extensions granted under Sections 8 and 7(1)(m) of the Advocates Act, the electoral process has been completely disregarded.
At the time of our 10.09.2024 letter, the Special Committee had also exceeded its temure with the overall extended period of the State Bar Council This is an unprecedented and indefensible situation.
Additionally, through letter dated 03.02.2024 (BCI.D:562/2024), the Bar Council of India mandated the election date as 05.04.2024. The State Bar Council of Chhattisgarh has failed to comply with this directive, further compounding the unlawful delay and flagrantly violating the BCI's authority. The tenure of a Special Committee under Section BA of the Advocates Act explicitly meant to be for six months, yet it has now lasted for long. There is we permissible justification left for 11 delaying elections any further. The failure to conduct elections constitutes gross administrative negligence and deliberate subversion of democratic principles.
The Bar Council of India has reached the limit of its patience and is left with no option but to invoke its authority Section 488 of the Advocates Act. 1961 to take direct control over the election process.
This will include immediate intervention to rectify the administrative failure preparation of the electoral roll and declaration of election dates uruder BCT supervision and appointment of a retired High Court Judge to oversee the process and ensure absolute transparency.
The communication serves as the final and conclusive directive. If the electoral roll is not prepared and elections are not announced within the next 30 days, the BCI will assume direct charge of the election process. There will be no further correspondence no further delays, and no scope for negotiation. The Bar Council of India demands a full compliance report within 10 days of this letter confirming that the election process has been initiated without any further excures or deferrals If the is not done the BCI will take over and execute its mandate with full authority holding those responsible acmamable for the failure to comply with the law.
The electoral process must begin immediately. The democratic rights of advocates in Chhattisgarh cannot and will not be held hostage to administrative lethargy and legal evasion any longer." (A copy of letter BCID 852/2025 (CL) dated, 10:02.2025, addressed to Hon'ble Advocate General, Chhattisgarh is 12 annexed herewith as Annexure-R-6).
15. The Bar Council of India remains committed to upholding democratic values and, will prescribe a fresh election schedule for the State Bar Council of Chhattisgarh to conduct elections to the State Bar Council of Chhattisgarh by May 2005, similar to the previous directives. At this stage, no rule, no procedural argument, no legal technicality can be invoked to justify further postponement. The rules and laws that were meant to govern this process have already been violated. Any further reliance on procedural excuses will be seen as nothing less than a deliberate obstruction of justice and unconstitutional. The State Bar Council shall be required to conduct the elections as prescribed above."
In compliance of this Court's order dated 18.02.2025, an affidavit of the Secretary, Chhattisgarh State Bar Council, Bilaspur, has also been filed on 03.03.2025, the relevant portion of which is reproduced hereunder:
"2. That in compliance with the order dated 18.02.2025 passed by this Hon'ble Court, the Deponent was directed to submit an affidavit providing certain clarifications Pursuant thereto, a meeting of the Special Committee was convened on 25.02.2025, wherein the Gazette Notification dated 20.09.2022 was meticulously examined. It is imperative to highlight that, the said notification had never been communicated to the Deponent prior to its presentation before this Hon'ble Court. Moreover, the the specimen copy of handbook of "Bar Council of India Rules issued by the Bar Council of India in 2022 to all the State Bar Councils expressly prescribed 150 days in Chapter I, Part III of the 13 BCI Rules. Consequently, there arose no occasion for the Deponent to implement the said notification in the election outline submitted on affidavit submitted before the Hon'ble Court in the earlier occasion.
3. That the notification dated 20.09.2022 mandates the State Bar Council to prepare the election schedule and publish the same in the Gazette at least 180 days prior to the date of the election. However there exist grave contradictions concerning the letter issued by the Bar Council of India dated 03.02.2024 and the notification dated 20.09.2022, wherein the BCI has directed that the election of the Chhattisgarh State Bar Council be concluded within a span of two months and further mandated the appointment of a retired High Court Judge as the Returning Officer, without making any reference to the notifications dated 30.01.2015 and 20.09.2022.
4. That, it is pertinent to mention that, in compliance with the BCI letter dated 03.02.2024, the Chhattisgarh State Bar Council prepared and submitted the proposed election schedule along with certain queries to the Bar Council of India on 07.02.2024, followed by a reminder on 12.03.2024. However, no response was received from the Bar Council of India.
5. That notably there was no reference in the earlier correspondence regarding the requirement of a 180-day period after the publication of the Gazette Notification for conducting elections, nor was there any mention of appointing a former High Court Judge as the Returning Officer. It was only during the last date of hearing that the 14 notifications dated 30.01.2015 and 20.09.2022 were disclosed to the Deponent/ Chhattisgarh State Bar Council.
6. That, in light of these contradictions and the necessity of adhering to the appropriate legal provisions, the Answering Respondent has unanimously resolved to seek urgent clarification from the Bar Council of India on the following critical issues:
a. Clarification on the Election Schedule: • The Bar Council of India Rules, Part III, Chapter 1. Rule 4, as presented before this Hon'ble Court on 18.02.2025, stipulate that the voter list must be published 180 days prior to the election date. However, the copy of the BCI Rules received by the Answering Respondent in 2022 prescribes a 150-day period for such publication.
• The Answering Respondent seeks clarification on whether the voter list must be published 180 days or 150 days in advance.
b. Appointment of the Election Officer:
• The Gazette Notification dated 20.09.2022 requires the appointment of a former High Court Judge as the Returning Officer, along with advocates having at least 25 years of practice as Assistant Returning Officers.
• However, the Election Rules of the Chhattisgarh State Bar Council, as approved by the Bar Council of India on 05-06 May 2007, provide under Section 3(P) that the Secretary of the State Bar Council shall act as the Election Officer/Special Duty Officer, which was also 15 followed in the last election.
• The Answering Respondent/Deponent seeks clarification on which provision shall govern the appointment of the Election Officer in the upcoming election.
c. Legal Validity of the Gazette Notification dated 20.09.2022:
• The Answering Respondent/Deponent seeks clarification on the legal basis and validity of the Gazette Notification dated 20.09.2022, which was presented before this Hon'ble Court for the first time on 18.02.2025.
d. Approval of the Election Schedule:
• The Answering Respondent has submitted the proposed election schedule for approval on eleven occasions from 2021 to date through registered post and email.
• Due to the provisions of the Gazette Notification dated 20.09.2022 and the 180-day publication requirement, no response or approval has been received from the Bar Council of India.
• The Answering Respondent seeks clarification on whether the election notification should be published 180 days or 150 days in advance and whether the Returning Officer should be the Secretary of the Chhattisgarh State Bar Council or a former High Court Judge.
e. Role of Election Staff from Other States:
16• The Gazette Notification dated 20.09.2022 provides that election staff shall be appointed from other states. • The Answering Respondent seeks clarification on the specific roles and responsibilities of the staff of the Chhattisgarh State Bar Council in the election process. f. Composition and Financial Aspects of the Election Tribunal:
• Chapter VI of the Gazette Notification dated 20.09.2022 stipulates that the Election Tribunal shall be headed by a former Chief Justice of a High Court, along with a former High Court Judge and a Senior Advocate.
• Additionally, it prescribes that election staff for the Tribunal shall be invited from other states.
• Given that the election process is expected to continue for more than six months, the Answering Respondent seeks clarification on the funding mechanism for the daily allowances and travel expenses of the members of the Tribunal, the Returning Officer, and the election staff.
• Specifically, it is necessary to ascertain whether such expenses shall be borne exclusively by the Chhattisgarh State Bar Council, solely by the Bar Council of India, or jointly by both entities.
7. That the Answering Respondent has duly communicated these queries to the Bar Council of India, and is presently awaiting its response. Furthermore, the Deponent is committed to conduct the timely and early elections of the State Bar 17 Council at the earliest contingent upon the expeditious resolution of the queries from the Bar Council of India.
8. That upon receiving an appropriate response from the Bar Council of India, the Chhattisgarh State Bar Council shall promptly draft a revised election schedule in full compliance with the Hon'ble Court's order and the amended Bar Council of India Rules, and shall submit the same before this Hon'ble Court for its kind consideration."
We have perused the above two affidavits.
On the previous occasion i.e. on 18.02.2025, this Court had observed that certain incorrect/erroneous submissions were made by the learned counsel for the respondent-Bar Council of India as well as the State Bar Council of Chhattisgarh. Mr. Dubey had submitted that he would seek instructions from the Bar Council of India as to why the amendments brought in the year 2015 in the Bar Council of India Rules, were not circulated to all the concerned.
The affidavit filed by the Secretary, State Bar Council states that a meeting of the Special Committee was held on 25.02.2025 in view of the order dated 18.02.2025 passed by this Court, wherein the gazette notification dated 20.09.2022 has been examined. No cogent reason has been assigned with regard to the incorporation of the amendments in the Rules of the BCI except to state that even in the specimen copy of hand book of Bar Council of India Rules, which is issued by the Bar Council of India, it still prescribes 150 days in Chapter I, Part III of BCI 18 Rules as as such, they were not aware of prescription of 180 days.
Even the Bar Council of India could not explain as to why the amendments brought in the BCI Rules have not been given wide circulation.
A letter has been issued by the Bar Council of India on 20.09.2022 wherein the BCI has directed the election of the Chhattisgarh State Bar Council to be concluded within a span of two months and further mandated the appointment of a retired High Court Judge as the Returning Officer, without making any reference to the notifications dated 30.01.2015 and 20.09.2022. It seems that in compliance of the letter of the BCI dated 03.02.2024, the State Bar Council had prepared and submitted the proposed election schedule alongwith certain queries to the BCI on 07.02.2024 and a reminder was also sent on 12.03.2024 which remained unresponded by the BCI.
On perusal of the communication dated 03.02.2024 (Annexure R/4), issued by the Bar Council of India to the Secretary, State Bar Council of Chhattisgarh, it appears that though the BCI has directed the State Bar Council of Chhattisgarh to promptly notify and conduct the elections in adherence to the established Rules and it has further been stated to oversee the election process, a Committee will be constituted by the Bar Council of India.
In response to the communication dated 03.02.2024, the 19 Secretary, State Bar Council of Chhattisgarh, has made a communication to the Secretary, BCI stating that though the date of voting has been declared to be 05.04.2024, however, 150 days before the date of election, the gazette notification and paper publication was to be done and the voter list was to be prepared before 120 days. It was expressed in the said communication that there were certain ambiguity which was required to be clarified as there was no time schedule prescribed by the BCI with regard to the time for preparation of electoral rolls, only the date for invitation of nomination forms and the date of election was mentioned. A reminder was also sent on 07.02.2024 and 12.03.2024 by the State Bar Council of Chhattisgarh.
Another communication was made by the Secretary, State Bar Council of Chhattisgarh wherein similar queries as earlier were made.
However, the same appears to have not been responded by the BCI.
A communication dated 10.09.2024 was sent by the Secretary, BCI to the learned Advocate General, State of Chhattisgarh, expressing its concern on the issue of prolonged delay in conducting the elections and another letter dated 10.02.2025 which is a final directive for immediate commencement of the election process, and from perusal of both the aforesaid letters, it appears that the BCI has tried to saddle its responsibilities on the shoulders of the State Bar Council of Chhattisgarh. The Secretary, BCI in its affidavit simply 20 states that the amendments brought in Rule 4 of the BCI Rules have been adopted by the State Bar Council of other States, without specifically mentioning as to which States have adopted the amendment. There is no explanation in the affidavit as to why the amendments which have been brought in the BCI Rules could not be given a wide circulation except for stating that it is available in the website.
The affidavit filed by both the Bar Council of India as well as the State Bar Council of Chhattisgarh are unsatisfactory and vague. From perusal of the aforesaid affidavits, it is evident that neither the Bar Council of India nor the State Bar Council of Chhattisgarh have taken effective and concrete steps for getting the election conducted and both the bodies do not appear to be serious enough in this regard. The elections have been stalled for the last five years which is highly surprising. It is the bounden duty of both the authorities to hold the elections timely and strictly in accordance with the existing rules so that the day to day functioning of the State Bar Council which involves admission of Advocates, maintaining the rolls, determining misconduct, etc. are not jeopardized.
Be that as it may, the learned counsel for the BCI as well as the State Bar Council of Chhattisgarh, are directed to file affidavits of the respective Secretaries giving a complete schedule of the election to be 21 conducted before the next date of hearing.
Shri Shivang Dubey, learned counsel appearing for respondent-
2/Bar Council of India, as well as Shri Palash Tiwari, learned counsel appearing for respondent-3/State Bar Council of Chhattisgarh assure this Court that before the next date fixed, a complete schedule of the election of the State Bar Council of Chhattisgarh would be submitted before this Court by means of affidavits of the respective Secretaries of the two bodies and also assure this Court that they would take immediate steps at their end so that the elections are conducted in accordance with the amended Rules, expeditiously.
Let the case be listed again on 18th March, 2025.
Sd/- Sd/-
(Ravindra Kumar Agrawal) (Ramesh Sinha)
Judge Chief Justice
Padma