The controversy over a Bar Council of India (BCI) constituted Special Committee running the affairs of the Odisha State Bar Council (OSBC) took a decisive turn on Tuesday with the Orissa High Court issuing direction for holding elections.
A single judge Bench of Justice Arindam Sinha issued the direction to OSBC to hold the election within six weeks. Advocate members of Bar Associations affiliated to OSBC elect 25 members for a five-year term and these members elect the chairman, vice chairman and representative to BCI. Elections are due for nearly two years now. The controversy had erupted with two former OSBC members Chinmay Mohanty and Sitanshu Mohan Dwibedi filing a petition in July 2021 seeking the Court’s intervention for holding elections.
OSBC claimed election after expiry of its five-year term in May 2019 has not been possible as the final electoral roll was not prepared due to non-completion of the verification process for identifying non-practicing advocates. The petition pointed out that under the Advocates Act of 1961 there can be maximum extension of one year but in two six month terms. Even accepting this one-year extension, the extended period had come to an end by May 4, 2020. After this date, the committee managing the Bar Council has no legal right and there are bound to be fresh elections but for a new body.
Justice Sinha endorsed the contentions made on behalf of the petitioners. After the extended six month term expired, the BCI had constituted a special committee to carry forward OSBC. Accordingly, the committee with Advocate General Ashok Parija (who is the ex-officio member of OSBC) as chairman, senior advocate Manas Ranjan Mohapatra and advocate Ajay Kumar Baral (both as members of the Committee) have been managing the OSBC affairs since November 5, 2019.