MATHAI VARKEY MUTHIRENTHY Vs. BAR COUNCIL OF INDIA

JUDGEMENT

(1.) Has the Bar Council of India the power to nominate a member to the Election Tribunal ap pointed by the Bar Council of Kerala under R.34(5) of the Bar Council of Kerala Rules, 1979 (hereinafter referred to as 'the Rules' only for short) is the short question that arises for consideration in this Writ Petition.

(2.) The petitioner is a returned candidate to the Bar Council of Kerala whose election has been challenged by the ad- ditional fifth respondent in an election petition before the Election Tribunal. The Election Tribunal comprises of three advocates whose names are on the State Roll and who are having not less than ten years standing as per R.34(4) of the Rules. One of the members of the Election Tribunal on being appointed as the Advocate General of the State be- came an ex-officio member of the Bar Council of Kerala and hence submitted his resignation. Another person had necessarily to be nominated to the Election Tribunal to facilitate the disposal of the election petition pending on its file. The Bar Council of Kerala therefore sought clarification from the Bar Council of Indiaas regards nomination of a member to the Election Tribunal. Ext.P-1 is the letter addressed by the Secretary of the Bar Council of Kerala to the Secretary of the Bar Council of India.

(3.) The Bar Council of India by Ext.P-2 letter nominated the fourth respondent to the Election Tribunal in the place of the member who had demitted office. This is challenged by the petitioner contending inier alia that only the Bar Council of Kerala can nominate a person to the Election Tribunal. Reliance is placed on R.34(5) of the Rules and also the general principles to be followed by the State Bar Councils under Part IX of the Bar Council of India Rules. R.34(5) of the Rules states that the Election Tribunal shall be'appointed' by the Bar Council of Kerala and that the Secretary of the Council shall act as its Registrar. R.5 of Part IX of the Bar Council of India Rules stipulates that all election disputes shall be decided by tribunals 'constituted' by the State Councils.