A sitting elected member of the Bar Council of India (BCI) has urged the Supreme Court to keep incumbent Chairman Manan Kumar Mishra away from office and the ongoing electoral process until the BCI is reconstituted..N Manoj Kumar, who was elected to represent the Bar Council of Kerala in the BCI in 2019 and 2026, made the request in a reply affidavit filed as part of the pending petition concerning the functioning and reconstitution of the lawyers' body. The Supreme Court had on September 2 ordered that Attorney General (AG) R Venkataramani and Solicitor General (SG) Tushar Mehta actively participate in every decision taken by BCIThe Court had passed the direction after multiple petitions alleged gross illegality in Manan Kumar Mishra continuing as chairperson of Bar Council of India (BCI) without authority.Manoj Kumar has now echoed the concerns raised in those petitions.Kumar has alleged that Mishra is interfering in the process of constitution and election of office-bearers of State Bar Councils and attempting to influence members concerning the election of their representatives to the BCI..The affidavit said this assumes significance since the representatives elected by State Bar Councils will form the electoral body from which future BCI office-bearers will be chosen."If the election of these representatives is influenced or compromised, the subsequent election of office-bearers of the BCI will similarly be compromised," Kumar said..He has, therefore, sought complete separation of incumbent BCI office-bearers and officials from the electoral process.Kumar further said it would be appropriate for Mishra to keep away from office and the electoral process until the election of State Bar Council representatives and thereafter, the election of BCI office-bearers is completed."The incumbent's continued presence in office during this critical period creates the opportunity and incentive for interference in the electoral process, even if no actual interference has yet occurred," the affidavit said..Significantly, Kumar has proposed that during this period, the charge and day-to-day administration of the BCI be entrusted to an ad hoc committee headed by the Attorney General for India or the Solicitor General of India.The affidavit said such an arrangement would insulate the electoral process from allegations of interference while ensuring continuity 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 of Council meetings were not circulated to them..Kumar has also sought an independent scrutiny of the constitution and functioning of BCI Trust, PEARL-FIRST Trust, its financial transactions with the BCI, appointments in the BCI establishment and associated institutions, and the inspection and approval of legal education centres.
