BCI stays Telangana Bar Council’s constitution of committees

The Bar Council of India (BCI) on Friday (October 23) passed an interim order staying the constitution and operation of committees recently constituted by the Bar Council of Telangana.

BCI Chairman Manan Kumar Mishra said the order was passed after examining the appeals and representations submitted by some advocates relating to the general body meeting of the Telangana Bar Council convened on October 11, the minutes circulated under Registrar of Office Communications (ROC) No. 506 dated October 17 and the subsequent constitution of committees. The representations were submitted by advocates Venkat Yadav Chalakani, Ponnam Ashok Goud, Rohini Smitha, K. Suneel Goud and M.A. Mukheed.

Their main grievance that objections and dissent expressed by certain advocates had not got reflected in the minutes of the meeting. According to them, a resolution was passed contemplating consultation with 10 identified members of the council for constitution of committees. However, such consultation was allegedly not undertaken, the BCI Chairman said in his order.

The advocates further contended that the Telangana Bar Council chairman went ahead with the constitution of committees without complying with the statutory procedures prescribed for election/co-option of members to the committees under the Advocates Act 1961. The minutes circulated under ROC No. 506 concerned constitution of Executive, Enrolment, Legislative, Privileges, Rules, Library, Finance and Disciplinary committees.

The proceedings ‘surprisingly contemplated consultation with 10 identified members of the Council and consideration of the willingness of other members interested in serving on the committees’, the BCI Chairman noted. A resolution of a statutory body cannot enlarge the power of an individual office-bearer in a manner inconsistent with an express statutory requirement, he said. While staying constitution of committees, the BCI Chairman said the enrolment matters should be placed before a committee comprising State Bar Council chairman, vice-chairman and a member of Bar Council to ensure the work of enrolment was not hampered.