BABU VERGHESE AND ORS. versus BAR COUNCIL OF KERALA AND ORS.

BABU VERGHESE AND ORS. versus BAR COUNCIL OF KERALA AND ORS.

Extension of term of the State Bar Council must be granted before the expiry of the original term. Action under Rule 6 must be confirmed by a majority before expiry; mere circulation of a resolution is not sufficient. Since requirements of Rule 6 were not fulfilled and extension was granted only after expiry, State Bar Council had no jurisdiction and elections were invalid.

Parties
Appellants: Babu Verghese and Ors.; Respondents: Bar Council of Kerala and Ors.
Jurisdiction
India
Judgment Date
16 March 1999
Procedural Posture
Civil Appeal / Final Decision on Appeal From High Court
Outcome
Appeal allowed; High Court judgment set aside; Writ Petition allowed.
Legal Topics
Term of Office of State Bar Councils, Extension of Term, Election Validity, Jurisdiction After Term Expiry, Doctrine of Ultra Vires
Administrative Law Election Law Professional Regulation Term of Office of State Bar Councils Extension of Term Election Validity Jurisdiction After Term Expiry Doctrine of Ultra Vires

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Parties

Babu Verghese and Ors.

Appellants

Bar Council of Kerala and Ors.

Respondents

Procedural Posture

Civil Appeal / Final Decision on Appeal From High Court

Legal Issues

  1. 1 Whether the extension of term of the State Bar Council was validly granted before expiry under Section 8 and Rule 6 of Bar Council of India Rules
  2. 2 Whether the elections conducted by the State Bar Council after expiry of term are valid
  3. 3 Jurisdiction of State Bar Council to conduct elections after term expiry

Ratio Decidendi

Extension of term of the State Bar Council must be granted before the expiry of the original term. Action under Rule 6 must be confirmed by a majority before expiry; mere circulation of a resolution is not sufficient. Since requirements of Rule 6 were not fulfilled and extension was granted only after expiry, State Bar Council had no jurisdiction and elections were invalid.

Court Disposition

Appeal allowed; High Court judgment set aside; Writ Petition allowed.

Orders

  • Bar Council of India to appoint a Special Committee under Section 8A within two weeks of communication of this judgment.
  • Special Committee to hold elections for a new Kerala Bar Council within four months of constitution.