Petitioner, an Advocate prac­ticing in the High Court, challenges the election of the third respondent as member of the Kerala Bar Council. Contention raised by the petitioner is that third respondent is a Full-Time salaried employee of the Kerala Law Academy, Law College, Thiruvan­anthapuram and so, he is not entitled to contest the election as a practicing Advocate.

2. The averments made by the petitioner are to the following effect.- Bar Council of Kerala framed rules for the conduct of elections, known as

"The Bar Council of Kerala Elections Rules, 1970". These Rules do not provide anything regarding the disqualification for being chosen as a member of the State Bar Council. Rule 7 provides that no person shall be entitled to seek election unless his name is in the Electoral Roll. Nomination paper insists on a declaration by the candidate that, -­

"I have not incurred any of the disqualifi­cations for being a member of the Council as stated in the election rules."

Council issued notification for the election of 25 members. Elections were held on different dates in December, 1991. Third respondent is the Managing Trustee as well as the Manager of the Kerala Law Academy, La