Hyderabad: The Supreme Court on Friday upheld the Bar Council of India’s decision to stay the constitution of key committees by nomination in the Bar Council of Telangana, stressing that statutory bodies must follow the election process prescribed under law.Disposing of a petition filed by the Bar Council of Telangana against the stay order, a bench comprising Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V Mohan directed the state bac Council to constitute its statutory committees through elections in accordance with the Advocates Act.The court also allowed the continuation of the stay imposed by Bar Council of India (BCI) chairperson Manan Kumar Mishra on Oct 1 on the constitution of various committees by the newly-formed Bar Council of Telangana.The BCI’s intervention had come following appeals filed by Telangana Bar Council vice-chairperson Venkat Yadav Chalakani and members Ponnam Ashok Goud, Rohini Smitha C, K Sunil Goud and MAK Mukheed.“When the law prescribes elections or a specific procedure for carrying out an act, that very procedure must be strictly followed. Even if the council members pass a resolution, no alternative method can be adopted in place of the procedure mandated by law,” the bench noted.During the hearing, counsel for the Bar Council of Telangana gave an undertaking that the nominated committees would be withdrawn and fresh elections conducted in accordance with the applicable rules.The dispute arose after several members of the Telangana Bar Council alleged that its chairperson had constituted key bodies, including the executive committee, enrolment committee and disciplinary committee, through nomination rather than through the statutory election or co-option process envisaged under the Advocates Act.The petitioners also contended that the committees were constituted without consulting all designated members, prompting them to challenge the move before the Bar Council of India.With the Supreme Court declining to interfere, the Telangana Bar Council is now expected to conduct elections for the statutory committees in line with the Advocates Act and the directions issued by the apex court.
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