1999 (3) TMI 628 - SC - Indian Laws

Summary

Issues Involved:
1. Jurisdiction of the Kerala Bar Council to conduct elections after the expiry of its term.
2. Validity of the extension of the term of the Kerala Bar Council by the Bar Council of India (BCI).
3. Compliance with procedural requirements u/s 8 and 8A of the Advocates Act, 1961.
4. Application of Rule 6 of the Bar Council of India Rules.

Summary:

1. Jurisdiction of the Kerala Bar Council to Conduct Elections:
The Kerala Bar Council's term expired on 27th January 1997. It conducted elections during an extended period granted by the BCI. The validity of these elections was challenged on the grounds that the Kerala Bar Council had ceased to have jurisdiction to conduct elections after the expiry of its term.

2. Validity of Extension by BCI:
The BCI circulated a resolution for extending the term of the Kerala Bar Council by six months on 13th January 1997. The resolution was confirmed in a meeting on 8th February 1997. The appellants contended that the extension should have been granted before 27th January 1997, and the BCI's resolution on 8th February 1997 could not retrospectively extend the term from 27th January 1997.

3. Compliance with Procedural Requirements u/s 8 and 8A:
Sections 8 and 8A of the Advocates Act, 1961, provide that the term of office of an elected member of a State Bar Council is five years, extendable by six months if elections are not held before the expiry of the term. If the term expires without elections, the BCI must constitute a Special Committee to conduct elections. The Kerala Bar Council failed to hold elections within its original term, and the BCI's extension was not granted before the term expired.

4. Application of Rule 6 of the Bar Council of India Rules:
Rule 6 allows urgent action by circulation of papers to members, requiring majority approval and subsequent confirmation. The BCI circulated the resolution on 13th January 1997 but received only four approvals by 27th January 1997, insufficient for majority action. The resolution adopted on 8th February 1997 was not a confirmation of any action taken under Rule 6, as no action was taken based on majority opinion before the expiry of the term.

Judgment:
The Supreme Court held that the Kerala Bar Council's term could not be retrospectively extended by the BCI's resolution on 8th February 1997. The Kerala Bar Council had no jurisdiction to conduct elections after 27th January 1997. The elections conducted were declared null and void. The BCI was directed to appoint a Special Committee u/s 8A within two weeks to hold fresh elections within four months. The appeal was allowed, and the High Court's judgment was set aside. No order as to costs.