The Court directed that advocates excluded from the Madhya Pradesh State Bar Council electoral rolls may rectify deficiencies within two days, after which their claims will be reconsidered by the High Powered Election Committee.
The Supreme Court recently granted relief to members of the District Bar Association, Katni, in Madhya Pradesh.
The matter concerned their exclusion from the electoral rolls for the upcoming Madhya Pradesh State Bar Council elections.
A Bench of CJI Surya Kant and Justice Joymalya Bagchi heard the petition filed by the District Bar Association, Katni, and one of its members.
The petitioners sought inclusion of the excluded advocates in the voters’ list for the forthcoming State Bar Council election.
52 Advocates Remained Excluded After Representation
The Court noted that the electoral rolls initially excluded around 235 advocates who were members of the petitioner-Association.
Thereafter, the Bar Association submitted a representation.
As a result, the authorities re-included 183 names.
However, 52 advocates still remained outside the voters’ list.
Returning Officer Explains Eligibility Conditions
The Bench also considered a note placed on record by the Returning Officer.
The Returning Officer is a former High Court judge.
The note stated that an advocate enrolled with the Madhya Pradesh Bar Council can claim inclusion in the voters’ list only if certain conditions are satisfied.
According to the note, the advocate must deposit the required Advocates Welfare Fund under the AWF Rules, 2001.
The advocate must also comply with the Certificate and Place of Practice Rules, 2015.
Further, the advocate must submit the required declaration form.
In addition, the advocate must have passed the All India Bar Examination, as required by the Bar Council of India memo dated April 12, 2013.
Advocates Given Two Days To Remove Defects
The Court was informed that the State Bar Council had uploaded the specific reasons for exclusion of nearly 50 advocates on its website.
Therefore, the Supreme Court permitted the excluded advocates to remove the deficiencies within two days.
The Court directed that if the advocates comply with the requirements, the High Powered Election Committee must reconsider their claims.
The Court also directed revision of the voters’ list through an addendum by May 9.
Revised Voters Can Participate In May 12 Election
The Supreme Court disposed of the petition with a limited direction.
It said that advocates whose names are added in the revised list will be entitled to vote in the election scheduled for May 12.
Court Limits Relief To Petitioner-Association
During the hearing, counsel for the petitioners submitted that nearly 50,000 advocates across more than 50 Bar Associations had been excluded from the electoral rolls.
However, the Supreme Court confined the relief to members of the petitioner-Association.
The Bench observed that the right to vote is an individual right.
Therefore, it cannot be claimed in rem unless the concerned advocate or association approaches the Court.
Appearance
For the petitioners: Mr. Siddharth R. Gupta, Advocate; Mr. Mrigank Prabhakar, AOR; Mr. Yogesh Soni, Advocate; Mr. Shantanu Sharma, Advocate; Mr. Uddaish Palya, Advocate; Ms. Surbhi Saxena, Advocate; Ms. Astha Singh, Advocate; Mr. Aman Agarwal, Advocate.
For the respondents: Mr. Guru Krishna Kumar, Senior Advocate; Dr. Ram Sankar, Advocate; Mr. Harsh Parashar, Advocate.
Case Details
Case Title: District Bar Association, Katni & Anr. v. Bar Council of India & Ors.
Case No.: WP(C) No(s). 564/2026
Court: Supreme Court of India
Bench: CJI Surya Kant and Justice Joymalya Bagchi
