The Supreme Court on Friday directed the Bar Council
of India to notify elections for Punjab and Haryana bar councils in ten days
and hold the polls by December 31, 2025.
A bench of Justices Surya Kant and Joymalya Bagchi
also directed apex bar body Bar Council of India (BCI) to hold elections for
the Uttar Pradesh Bar Council by January 31, 2026 and address the genuine and
bonafide grievances of electors.
The top court passed the directions after it was
pointed out that elections for Punjab and Haryana bar councils have not been
notified and in Uttar Pradesh the voter list is not being uploaded on the
website.
Senior advocate Manan Kumar Mishra, who is also
chairman of Bar Council of India, submitted that as per rules 180 days need to
be there between the holding of election and its notification and they may face
some difficulties in case of Punjab and Harayan.
Justice Kant asked Mishra to form a committee headed
by retired high court judge to hold the bar council elections for different
states.
Mishra submitted that it has been done and a panel
is in place headed by a retired high court judge.
The top court asked him for holding polls in Punjab
and Haryana bar councils, the BCI should appoint another panel headed by a
retired high court judge.
The bench asked him to at least make the endeavour
to hold the elections by December 31, 2025 and in case of any difficulty, it
can be looked into.
"The bar council elections were not held for
quite some time but now the Bar Council of India has agreed to hold the
elections. Let's cooperate with it and strengthen the democratic institution.
We need to trust our democratic institutions in holding fair elections,"
the bench told advocate Pradeep Yadav, who complained that the Uttar Pradesh
bar council voter list has not been uploaded on the website.
Senior advocate Narender Hooda submitted that as per
rules, the current body of Bar Council of India cannot continue beyond the
tenure of seven years.
On September 24, the top court said elections in
state bar councils have to be held by January 31, 2026 keeping in mind the long
pendency.
It had said verification drives for LLB certificates
of lawyers cannot be a ground for postponing the elections.
The top court was hearing a batch of pleas seeking
to quash the Rule 32 of the Bar Council of India Certificate and Place of
Practice (Verification) Rules, 2015, which empowers BCI to extend the term of
State Bar Council members beyond the statutory limits prescribed under the
Advocates Act 1961.