State bar councils lack authority over the election processes of bar associations.

JUDGMENT

Petitioners seek for a direction to declare an election conducted to Kunnamkulam Bar Association as null and void apart from a direction to conduct a new election to elect the office bearers of the said Bar Association within a time limit. Petitioners have also sought for a direction to consider the representation submitted by them before the Bar Council of Kerala.

2. I have heard Sri.M.R.Sasith, the learned counsel for the petitioners, Sri.Rajit, the learned Standing Counsel for the first respondent as well as Smt.M.U.Vijayalakshmi, the learned Standing Counsel for respondents 2 and 3.

3. A reading of the pleadings in the writ petition reveals that the dispute raised is with respect to an election conducted to one of the Bar Associations in Kerala – the Kunnamkulam Bar Association. The pleadings and the reliefs claimed reveal that the petitioners require the Bar Council of Kerala to intervene and either consider their representation or for this Court to declare the election to the said Bar Association as null and void.

4. Having heard the respective counsel, this Court is of the view that the reliefs as claimed by the petitioner is not maintainable before this Court. No provision of law has been brought to my notice conferring power on the Bar Council of a State over Bar Associations.

5. Though an individual Advocate may be subject to the authority of the Bar Council of a State, the Bar Associations are not under the control or authority of the Bar Council. If in case any Advocate is aggrieved by the conduct of an election to the Bar Association, the remedy is elsewhere. The remedy under Article 226 of the Constitution of India cannot be resorted to in such circumstances.

6. I am fortified in the above view by the decision in Bar Association, Lahar Dist.Bhind v. State Bar Council of M.P. and Another [2018(4) M.P.L.J 387] wherein it has been observed that the State Bar Council has no power, authority or jurisdiction to interfere with election process or election of Bar Association.

Accordingly, this writ petition is dismissed. However, the remedy of the petitioners, if any to initiate appropriate proceedings, in accordance with law, before the appropriate forum shall stand reserved.