Bilaspur, January 9, 2025 : The Chhattisgarh High Court has questioned an order passed by the Chairman of the Bar Council of India deferring the election of office bearers of the Chhattisgarh State Bar Council, observing that elections to statutory bodies cannot be postponed on vague or unsubstantiated grounds.
A Division Bench of Chief Justice Ramesh Sinha and Justice Arvind Kumar Verma was hearing a batch of writ petitions filed by advocates challenging the January 6 decision of the Bar Council of India to defer elections scheduled for January 9.
The Court noted that the impugned order, signed by BCI Chairman Manan Kumar Mishra, referred to certain “inputs” and “rumours” alleging corrupt practices such as horse-trading by some members. However, on a prima facie reading, the Bench found that the allegations were general and omnibus, with no specific instances or concrete material disclosed to justify the extreme step of deferring a duly notified election process.
Emphasising the importance of democratic functioning, the Court observed that elections to statutory bodies form the backbone of democratic governance and cannot be lightly deferred, particularly when such elections are already overdue. Any interference with an ongoing or scheduled electoral process, the Bench said, must be backed by transparency, fairness, proportionality and tangible material rather than mere apprehensions.
The petitioners argued that the deferment order was arbitrary and violative of principles of natural justice, contending that it undermined the autonomy of the Bar Councils and adversely affected advocates across the State. They also pointed out that the Chhattisgarh State Bar Council had already suffered prolonged non-functioning in the past, necessitating judicial intervention.
Taking note of these submissions, the High Court granted 48 hours’ time to the BCI to seek instructions and file an appropriate response explaining the basis and material relied upon for passing the January 6 order. The Court also expressed hope that the BCI would take all necessary and positive steps to ensure that elections are conducted expeditiously, fairly and transparently, in the larger interest of the legal fraternity.
The matter, titled Chandra Prakash Jangade v. Bar Council of India & Others, is listed for further hearing on January 12.
Case Reference : WPC No. 103 of 2026, alongwith WPC No. 104/2026, Chandra Prakash Jangade Versus Bar Council of India & Others
