Kerala HC stays BCI orders constituting interim authority to carry out Bar Council of Kerala functions

The Kerala High Court on Friday stayed two orders issued by the Chairman of the Bar Council of India (BCI) constituting an interim authority to carry out certain functions of the Bar Council of Kerala (BCK) until the recently elected XIIIth State Council conducts its first meeting [Yeshwanth Shenoy v Bar Council of India].

One of the newly elected BCK members, advocate Yeshwanth Shenoy, has questioned how such an interim arrangement can continue after the newly elected council (XIII Bar Council of Kerala) was notified in the Kerala Gazette on June 16, 2026.

Justice Bechu Kurian Thomas today agreed to hear two connected writ petitions, including the one by Shenoy, challenging the interim arrangement put in place by the BCI chairman.

The Court also stayed the operation of the BCI orders setting up the interim authority.

"This Court is prima facie satisfied that the impugned orders in these writ petitions, that is Exhibit P6 in W.P.(C) No.25168 of 2026 and Exhibits P10 and P11 in W.P.(C) No.26232 of 2026, have been issued without application of mind and against the scheme of the Advocates Act," the Court stated.

The elections to the XIII Bar Council of Kerala were held in April this year. The constitution of this council was later officially notified in the Kerala Gazette on June 16, adds Shenoy's plea.

However, on June 24, the BCI Chairman issued a communication by which it set up a limited interim authority to carry out routine functions of the Bar Council of Kerala, such as enrolment-related work, Sanad-related work, facilitation of the All India Bar Examination (AIBE) and Certificates of Practice, processing pending Advocates' Welfare Fund claims, and other administrative functions.

The Advocate General of Kerala (Jaju Babu), along with two newly elected BCK members, Manoj Kumar N (also a BCI member) and Santhosh Kumar P were made part of this interim body.

Later, on June 30, another communication was issued by the BCI Chairman adding former BCK Chairman Ajith TS to the interim body.

The BCI communications reasoned that such an interim arrangement was required to ensure that essential administrative functions were not disrupted until the newly elected Bar Council of Kerala holds its first meeting and constitutes its committees.

Shenoy, however, has questioned the need for such an arrangement as well as why the BCK's secretary is yet to convene the first meeting of the XIIIth Bar Council of Kerala.

Shenoy has argued that the BCI Chairman has no independent statutory power to issue such orders. He added that Section 58 of the Advocates Act already provides a statutory mechanism to deal with transitional situations when a new Bar Council is taking charge, and that the Act does not permit the creation of an extra-statutory interim body.

He has also raised apprehensions that the interim authority has been put in place to destroy evidence of financial irregularities that took place during the tenure of the XIIth Bar Council of Kerala.

Shenoy has further questioned why former BCK Chairman Ajith TS has been added in the interim authority as well as his continued projection as the 'Chairman' of the State Bar Council, even after his term has come to an end.

The Court has now stayed the operation of the interim arrangement proposed by the June 24 and June 30 BCI communications.

It added that until the XIIIth BCK holds its first meeting, Advocate General Jaju Babu and the BCK Secretary shall function as the body's authorised signatories for all purposes.

The Court also took exception to enrolment certificates issued recently that showed the name of Ajit TS as the BCK Chairman despite the expiry of his tenure.

The Court observed that for all purposes, the authorised signatory in such certificates should have been the Advocate General and the BCK Secretary.

Advocate Yeshwanth Shenoy appeared party-in-person.

Standing counsel Rajit appeared for Bar Council of India.

Standing counsel MU Vijayalakshmi appeared for Bar Council of Kerala.

[Live Coverage]