[Breaking]: SC notice in AoR’s petition alleging funds embezzlement by Delhi Bar Council, delay in elections

Advocate-on-Record KR Chitra has filed a petition in the Supreme Court alleging that the Bar Council of India (Certificate and Place of Practice (Verification) Rules, 2015 (CoP Rules) have been used by the Bar Council of India (BCI) for delaying elections to various State Bar Councils and thereby extending the term of the State Bar Councils where election are due..Chitra has further alleged embezzlement of funds by the Bar Council of Delhi (BCD)..A Division Bench of Justices Pinaki Chandra Ghose and Amitava Roy issued notice to the Bar Council of India and the Bar Council of Delhi today..In her petition, Chitra has contended that the Rules which provide for verification of advocates from time to time has been used as a garb to delay election to the State Bar Council since “verification is a never ending process and not a one-time exercise”..Chitra has also pointed out that the tenure of 6 State Bar Councils have expired – Delhi, Maharashtra & Goa, West Bengal, Rajasthan, Uttarakhand and Assam. She has focused on Delhi Bar Council to prove her point. Alleging that the tenure of the elected members of Delhi Bar Council expired in December 2014 Chitra has submitted the following in her petition:.“The Respondent no.1 extended the tenure of Respondent no.2 by 6 months which has also expired in June, 2015. Respondent no.1 constituted Special Committee under Section 8A of the Advocates Act, 1961 to discharge the functions of Respondent no.2 until it is constituted under the Act. The special committee was supposed to be constituted with the sole purpose to hold election to respondent no.2 within a period of 6 months from the date of its constitution but the Respondent no.1 in collusion with Respondent no.2 has notified certain rules called Bar Council of India Certificate and place of Practice (Verification ) Rules 2015, without any application of mind with the sole purpose to delay the conduct of election to the State Bar Councils including that of Respondent no.2 inordinately..The verification process announced by respondent no.1 has already been challenged before various High Courts and the Kerala High Court has already stayed the operation of Bar Council of India Certificate and place of Practice (Verification) Rules 2015. The verification process is a regular affair, it is not an onetime exercise. There is absolutely no connection between the process of verification of Certificate of Practice and holding election to the State Bar Councils, since the verification process is a regular affair in every 5 years, there is no logic for delaying and postponing the preparation of electoral roll of advocates and conducting election to state bar councils.”.She has also made some scathing allegations against the Delhi Bar Council. These include misappropriation of funds and “other irregularities to the detriment of the advocate community”..As per the petition,.“It is stated that during the tenure of respondent no.2, it has committed several irregularities in conduct of its functions to the detriment of the whole advocate community. It is stated that from the reply and information received by the petitioner in response to her RTI applications filed with PIOS/CPIOS of State Bar Councils, it has been revealed to her that the Advocate Welfare Fund Trustee Committees are functioning without any rules, there has been misappropriation of funds to a great extent, there are other irregularities also. Hence elections to the State Bar Councils where it is long due, must be conducted immediately without further delay for safeguarding the interest and welfare of the Advocates fraternity at large.”.Besides the above, she has also challenged various rules 5, 8.1, 8.2, 9, 10, 11, and 23 of the impugned Rules as unconstitutional..Importantly, Chitra has also challenged sub-section 3 of Section 8A of the Advocates Act, 1961 which empowers Bar Council of India to extend the period of special committee of State Bar Councils beyond 6 months from the date of its constitution..Contending that postponing of elections to various State Bar Councils till verification process o over has resulted in suffering and loss to advocates and litigants alike, Chitra has prayed for appointing an independent agency to verify the certificate and place of practice of advocates under Bar Council of India Certificate and place of Practice (Verification ) Rules 2015 and submit reports to the BCI. She has also sought for a direction to be issued to the Bar Council of Delhi to conduct its elections immediately..Besides the above, she has also sought for striking down sub-section 3 of Section 8A of the Advocates Act and 5, 8.1, 8.2, 9, 10, 11, and 23 of the CoP Rules..The court after hearing Chitra (who appeared in person) today issued notice to the BCI and the BCD and has asked them to file their response within 6 weeks..This petition is currently being heard along with the petitions filed earlier challenging the vires of the CoP rules though she has sought for de-tagging the matter and a separate hearing.