CUTTACK: The Orissa High Court has issued notice to the Bar Council of India (BCI) for not holding elections to Odisha State Bar Council (OSBC) even as it has been due for over two years now.The court has also issued notice to OSBC while accepting a petition seeking its intervention for holding the elections at the earliest. Two former OSBC members Chinmay Mohanty and Sitanshu Mohan Dwibedi had filed the petition.
The single-judge bench of Justice Biswanath Rath said the court finds substance in the contention of the petition seeking election at the earliest. “Finding force in the submissions, this court is inclined to issue notice to the opposite parties on the question of admission”, Justice Rath said in his July 28 order.
The petition claimed that under Section 8 of Advocates Act-1961, the term of elected bar council is for five years which came to an end on May 5, 2019. Taking into consideration the extension of life of such body under Section 8A of the Act, there can be maximum extension of one year but in two six monthly terms. Even accepting this one-year extension from the date of publication of the result of the election, extended period has also come to an end by May 4, 2020, the petition said.
“After this date, the committee managing the bar council has no legal right and there is bound to be fresh election, but for a new body,” the petition stated.“The reason of pandemic in not holding the election may not hold good as not only the country has faced several Assembly Elections, the election to Rajya Sabha and Bar Association elections have also been conducted in the meantime,” the petition further contended.
The High Court has posted the matter to August 19. However, Justice Rath made it clear that pendency of the petition shall not stand on the way of OSBC for going ahead with the election.