Election disqualification rules must be interpreted purposefully to uphold institutional integrity, and courts exercise limited judicial review over election-related decisions unless egregious errors are demonstrated.

ORDER :

N.TUKARAMJI, J.

This Writ Petition is filed under Article 226 of the Constitution of India seeking issuance of writs of Certiorari and Mandamus challenging multiple election-related decisions concerning the Bar Council of Telangana. Specifically, the petitioner assails: (i) the Gazette Notification dated 20.12.2025 (ROC No. Ele.11 of 2025) insofar as it declares the Supervisory Committee’s decision to be final and bars judicial review, as arbitrary, unconstitutional, and violative of Articles 13 and 14 of the Constitution of India; (ii) the order dated 15.01.2026 passed by the High Powered Election Supervisory Committee, affirming earlier orders dated 07.01.2026 and 03.01.2026 rejecting the petitioner’s nomination, as unconstitutional and violative of Article 14; and (iii) a consequential writ of Mandamus directing the concerned authority to accept the petitioner’s nomination dated 29.12.2025 and permit him to contest the ensuing Bar Council of Telangana elections.

2. Mr. Y. Soma Srinath Reddy, learned counsel for the petitioner, and Mr. Ashok Anand Kumar, learned senior counsel for respondent No. 3, were heard. In view of the urgency pleaded by the petitioner, the matter was heard at the stage of admission and is being decided by this order.

3. Briefly stated the relevant facts are that, the petitioner is a practicing Advocate who submitted his nomination on 29.12.2025 pursuant to the Election Notification dated 20.12.2025 issued for the election to the Bar Council of Telangana. The Scrutinizing Officer, by order dated 03.01.2026 in Roc. Ele. No.40 of 2026, rejected the petitioner’s nomination on the ground that criminal cases were pending against him.

4. Aggrieved by the rejection, the petitioner preferred an appeal before the High-Powered Election Committee in Appeal No.7 of 2026, which was dismissed on 07.01.2026. Thereafter, the petitioner filed a Review Petition before the High-Powered Supervisory Election Committee, which also came to be dismissed by order dated 15.01.2026. Challenging the said orders and the underlying Notification dated 20.12.2025, the present writ petition has been filed.

Submissions on behalf of the Petitioner

5.1. The learned counsel for the petitioner contends that the rejection of the petitioner’s nomination is founded on Rule 4 of the Bar Council of India Rules, 2023 (hereinafter “the Rules, 2023”), which has been erroneously interpreted by the authorities concerned.

5.2. It is submitted that the Bar Council of India, by Notification dated 29.10.2025, amended Rule 4 of the Rules, 2023, prescribing that disqualification would arise only if, as on a date not later than nine months prior to the election, two or more criminal cases of a serious nature, namely offences punishable with imprisonment of seven years or more are pending against the candidate. The said Notification further clarifies that the pendency of only one such case would not attract disqualification.

5.3. Subsequently, by Notification dated 17.12.2025, the Bar Council of India clarified that “pendency of a criminal case” for the purpose of Rule 4 would mean a case in which a charge sheet has been filed and charges have been framed by the competent court.

5.4. Applying the above criteria, the learned counsel submits that out of the three criminal cases disclosed by the petitioner, charges have been framed only in C.C. No.435 of 2015 pending before the Additional Judicial Magistrate of First Class, Hanumkonda. In C.C. No.613 of 2019, the matter is at the stage of issuance of summons and no charges have been framed, and therefore, its pendency cannot be considered. In C.C. No.2456 of 2022, though the trial is pending, the offences alleged include Section 452 IPC, for which the punishment may extend up to seven years.

5.5. Placing reliance on Section 41 of the Code of Criminal Procedure and the judgment of the Hon’ble Supreme Court in Arnesh Kum