BABU VERGHESE Vs. BAR COUNCIL OF KERALA

JUDGEMENT

(1.) LEAVE granted.

(2.) BAR Council of Kerala, which was constituted under the Advocates Act, 1961 (for short the 'Act'), on 28/01/1992, was to last for a term of five years which expired on 27/01/1997. But before the expiry of the term, it approached the BAR Council of India (BCI, for short) through its letter dated 31/12/1996 for extension of its term by six months. A reminder for this purpose was also sent on 13/01/1997.

(3.) WE have heard learned Counsel for the parties. Learned Counsel appearing for the appellants has contended that the impugned election by which a new Bar Council for the State of Kerala has been elected is no election in the eye of law as the State Bar Council, on the expiry of its term on 27/01/1997, had ceased to exist and consequently had ceased to have any jurisdiction for conducting a fresh election. It is also contended that the extension of the term of the State Bar Council should have been granted by the BCI before 27th of January, 1997 and since the extension was granted by a resolution adopted on 8/02/1997, it would not have the effect of extending the term with effect from 27th of January, 1997. It is contended that immediately on the expiry of the term of the State Bar Council, fresh elections could have been held only in the manner provided under Section 8-A(3) of the Act and since the elections were not held in that manner through the Special Committee but were held by the State Bar Council, which had ceased to have any jurisdiction in the matter, the elections were a nullity.