An elected member of the Bar Council of India (BCI) has called upon the Supreme Court to temporarily remove Chairman Manan Kumar Mishra from his duties and ongoing election processes until a new BCI is formed. N Manoj Kumar, who represents the Bar Council of Kerala in the BCI for terms spanning 2019 to 2026, has filed a reply affidavit in connection with a pending petition related to the operational and structural reform of the legal body.
The Supreme Court, on September 2, mandated the involvement of Attorney General R Venkataramani and Solicitor General Tushar Mehta in all BCI decisions. This ruling followed several petitions that questioned the legitimacy of Manan Kumar Mishra’s tenure as BCI Chairman, citing unauthorized continuation.
Echoing these petitions, Manoj Kumar has accused Mishra of meddling in the election processes for State Bar Council office-bearers and attempting to unduly influence the selection of BCI representatives from these councils. The affidavit highlights the critical nature of these elections, as elected State Bar Council representatives form the electoral base for future BCI office-bearers.
Kumar emphasized, “Influencing or compromising these representative elections could jeopardize the integrity of subsequent BCI office-bearer elections.” Consequently, he has advocated for the complete detachment of current BCI officials from the electoral process.
Kumar suggested that Mishra should recuse himself from office and electoral activities until the completion of both State Bar Council and BCI office-bearer elections. “The presence of the incumbent during this pivotal period poses a risk for potential electoral interference, even if such interference has not yet occurred,” the affidavit noted.
To safeguard the electoral process from bias and ensure the continuity of statutory functions, Kumar proposed that an ad hoc committee, led by the Attorney General or Solicitor General, should take over the BCI’s daily administration during this transitional phase.
Moreover, the affidavit pointed out procedural irregularities, alleging that notices and meeting agendas were not properly circulated to the Attorney General and Solicitor General, despite their ex-officio BCI membership.
Kumar further requested an independent review into the formation and operation of the BCI Trust, PEARL-FIRST Trust, their financial dealings with the BCI, staffing within the BCI and related entities, and the evaluation and approval processes of legal education centers.
