MOHAMMED IQBAL Vs. BAR COUNCIL OF INDIA

JUDGEMENT

(1.) PETITIONERS are Advocates in the roll of Bar Council of kerala. They assail the decision taken by the Special Committee to depute the fifth respondent to Bar Council as the representative of the Bar Council of kerala.

(2.) ELECTION to the State Bar Council was a subject matter of Civil Appeal No. 1504 of 1999 before the Supreme Court. The Supreme Court in babu Varghese v. Bar Council of Kerala 1999 (1) KLT 836 = (AIR 1999 SC 1281)set aside the election which was held in April, 1997 and directed the constitution of a Special Committee under S. 8a of the Advocates Act, 1961 (in short'the act)for carrying on the functions of the State Bar Council and to conduct the election afresh.

(3.) COUNSEL for the petitioners, Sri. Vincent panikulangara submitted that Special Committee has no jurisdiction to nominate the fifth respondent to the Bar Council of India. COUNSEL submitted that the fourth respondent was representing the Bar Council of Kerala in the Bar Council of India till the term of the previous elected Committee. Subsequent election conducted by the Kerala Bar Council was set aside by the Supreme Court and therefore fourth respondent should have been allowed to continue as member of the Bar Council of India until his successor is duly elected. COUNSEL laid emphasis to the proviso to S. 4 (3) of the Act. Said Section is extracted below for easy reference: "s. 4 (3): The term of office of a member of the Bar council of India selected by the State Bar Council shall (i) in the case of a member of a State Bar Council who holds office ex officio, be two years from the date of his election (or till he ceases to be a member of the State Bar Council, whichever is earlier; and (ii) in any other case, before the period for which he holds office as a member of the State Bar Council; Provided that every such member shall continue to hold office as a member of the Bar Council of India until his successor is elected. " According to counsel, the term of member of the Bar council of India elected by the State Bar Council shall in the case of a member of a State Bar Council who holds office ex-officio be two years from the date of his election or till he ceases to be a member of the State Bar Council whichever is earlier and in any other case, before the period for which he holds office as a member of the State Bar Council. COUNSEL submitted that by virtue of the proviso, every such member shall continue to hold office as a member of the Bar Council of India until his successor is elected. COUNSEL therefore submitted that the decision taken by the Special Committee on 20. 6. 1999 nominating the fifth respondent to represent the Kerala Bar Council is illegal and contrary to the above mentioned proviso.