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2026 Supreme(Online)(AP) 5487

HIGH COURT OF ANDHRA PRADESH
GANNAMANENI RAMAKRISHNA PRASAD, J
Andhra Lawyers Association – Appellant
Versus
The Bar Council of India and another – Respondent
WRIT PETITION Nos: 29216, 30019 & 30063 of 2025



Advocates:
For the Appellants/Petitioners: Sri M.V. Raja Ram, Sri T. Singaiah Goud, Sri M. Solomon Raju
For the Respondents: Sri G. Venkata Reddy, Sri P. Narahari Babu

The court ruled the increase in nomination fees for Bar Council elections as arbitrary and unconstitutional, hindering fair participation and legal representation.

Headnote:(A) Constitution of India - Articles 14, 19, and 21 - Advocates Act, 1961 - Challenge to the increased nomination fee for State Bar Council elections. The Court found the increase from Rs.30,000 to Rs.1,25,000 as arbitrary and violative of the principles of reasonable opportunity in democratic processes, emphasizing the need for affordability in nominations. (Paras 22, 27)

(B) Statutory authority - The impugned action, an Executive Order without lawful authority, could not validly impose a non-refundable fee that excludes qualified candidates from participating in elections, ultimately thwarting the electoral process principles. (Paras 22-27)

Table of Content
1. challenge to nomination fee based on supreme court orders. (Para 5 , 6 , 8)
2. court scrutinizes the authority and rationale behind the fee increase. (Para 9 , 10)
3. absence of proper statutory authority renders the proceeding invalid. (Para 22 , 24 , 26)
4. impact of financial barriers on democratic processes. (Para 27 , 29)

The Court made the following COMMON ORDER:

Heard Sri M.V. Raja Ram, learned Counsel appearing for the Petitioner in W.P.No.29216 of 2025, Sri T. Singaiah Goud, learned Counsel appearing on behalf of M/s. Yasaswi Law Associates LLP in W.P.No.30019 of 2025, Sri M. Solomon Raju, learned Counsel for the Writ Petitioners in W.P.No.30063 of 2025, Sri G. Venkata Reddy, learned Standing Counsel for the Respondent No.1 and Sri P. Narahari Babu, learned Standing Counsel for Respondent No.2.

2. The prayers in W.P.No.29216 and 30019 of 2025 are identical. Therefore, the Prayer in W.P.No.29216 of 2025 is usefully extracted hereunder:

“It is therefore prayed that this Hon’ble Court may be pleased to issue a Writ of Mandamus or any other appropriate writ, order or direction, declaring the action of the 1st Respondent in fixing a non-refundable nomination fee of Rs.1,25,000/ for filing nominations to contest in the elections of the State Bar Council of Andhra Pradesh, vide communication dated 25-09-2025, as illegal, arbitrary, ultra vires, without jurisdiction, and violative of ArticleS.14 and 19 (1) (g) of the Constitution of India ; and consequentially direct the Respondents to conduct elections to the Andhra Pradesh State Bar Council strictly in accordance with the Advocates Act, 1961 , and the existing State Bar Council Election Rules, without imposing the impugned increased fee, in the interests of justice and to pass such other order or orders may deem fit and proper in the circumstances of the case.”

3. Insofar as the W.P.No.30063 of 2025 is concerned, the Writ Petitioner has sought multiple prayers in addition to the above prayer and therefore, the main Prayer in the W.P.No.30065 of 2025 are also usefully extracted hereunder:

“It is therefore prayed that this Hon’ble Court may be pleased to issue

a) an appropriate writ, order or a direction more particularly) one in the nature of WRIT OF MANDAMUS declaring the notification Ref.BCI.D. 6880/2025 (Council- STBCs) dated 25.09.2025 issued by the 1st respondent in fixing the Nomination Deposit as Rs.1,25,000/- without any consultation with the 2nd respondent and contrary to section 49(h) of Advocates Act, 1961 and Rule 6 of Bar Council of AP Bar Council Election Rules, 1973, as illegal, irregular, irrational, arbitrary and without jurisdiction, violative of ArticleS.14 , 19 and 21 of Constitution of India and consequently suspend the notification Ref.BCI:D:6880/2025(Council-STBCs) dated 25.09.2025 issued by the 1st respondent in fixing the nomination deposit of Rs.1,25,000/- to contest in 2nd respondent Bar Council Elections and pass such other order or orders may deem fit and proper in the circumstances of the case.

b) an appropriate writ, order or a direction more particularly one in the nature of WRIT OF MANDAMUS to set out eligibility criteria for the Contesting Candidates and to ensure adequate representation to Women, SC, ST and BC Advocates to achieve equitable representation and social justice for all section of Advocates, pending the writ petition and pass such other order or orders that may deem fit and proper in the circumstances of the case.”

4. The common issue arising in W.P.No.29216 of 2025 and the other two Writ Petitions is the challenge to the Proceedings of the Principal Secretary, Bar Council of India dated 25.09.2025 (Ex.P.1 in W.P.No.29216 of 2025). For the sake of convenience, the facts, as portrayed in W.P.No.29216 of 2025 are referred to in this Common Order.

The facts as submitted by the Writ Petitioner in W.P.No.29216 of 2025:

5. It is submitted that a Writ Petition (Civil) No.1319/2023 is filed before the Hon’ble Apex Court under Ar

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