A sitting elected member of the Bar Council of India (BCI) has urged the Supreme Court to keep incumbent BCI Chairman Manan Kumar Mishra away from the office and the ongoing electoral process until the statutory body is reconstituted.
N Manoj Kumar, who was elected to represent the Bar Council of Kerala in the BCI in 2019 and again in 2026, made the submission in a reply affidavit filed in the pending proceedings concerning the functioning and reconstitution of the BCI.
The Supreme Court had on September 2 directed Attorney General R Venkataramani and Solicitor General Tushar Mehta to actively participate in every decision taken by the BCI. The direction came after petitions raised questions over the continuation of Mishra as BCI Chairman.
Kumar has now raised similar concerns, alleging that Mishra was interfering with the constitution and election of office-bearers of State Bar Councils and attempting to influence members in relation to the election of their representatives to the BCI.
The affidavit submitted that the issue was significant since representatives elected by the State Bar Councils would constitute the electoral body for the subsequent election of BCI office-bearers.
According to Kumar, if the election of state representatives is influenced, the integrity of the election for BCI office-bearers will also be undermined
He therefore sought complete separation of the incumbent BCI office-bearers and officials from the electoral process.
Kumar further submitted that Mishra should keep away from office and the electoral process until the election of representatives from the State Bar Councils, followed by the election of BCI office-bearers, is completed.
The affidavit stated that keeping the incumbent in power risks compromising the election process, regardless of whether interference has actually occurred
Kumar has proposed that, during this period, charge of the BCI and its day-to-day administration be entrusted to an ad hoc committee headed by either the Attorney General for India or the Solicitor General of India.
According to the affidavit, such an arrangement would insulate the electoral process from allegations of interference while ensuring continuity in the discharge of the BCI’s statutory functions.
Kumar has also alleged that despite the Attorney General and Solicitor General being ex-officio members of the BCI, notices and agendas for Council meetings were not circulated to them.
He has further sought independent scrutiny of the constitution and functioning of the BCI Trust and PEARL-FIRST Trust, their financial transactions with the BCI, appointments within the BCI establishment and associated institutions, as well as the inspection and approval of legal education centres.
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