S. SAGHIR AHMAD, J. - (1.) LEAVE granted.
(2.) BAR Council of Kerala, which was constituted under the Advocates Act, 1961 (for short the 'Act'), on 28/01/1992, was to last for a term of five years which expired on 27/01/1997. But before the expiry of the term, it approached the BAR Council of India (BCI, for short) through its letter dated 31/12/1996 for extension of its term by six months. A reminder for this purpose was also sent on 13/01/1997. On receipt of the reminder from the State Bar Council, a Resolution was circulated by the SCI to all its 18 members on 13/01/1997 proposing to extend the term for a period of six months. In its meeting held on 8/02/1997, BCI confirmed the Resolution on which opinion was obtained from the members by circulation. It was during this period of six months that elections were held and a new State Bar Council for Kerala was elected. It appears that for holding fresh elections, the Preliminary Electoral Roll was published on 28-12-1996 followed by notice of publication of the final Electoral Roll on 22-1-1997, which was challenged by one Shri P. G. Chacko, Advocate, by O.P. No. 1987/97 filed in the High Court on 31-1-1997. The petition was, however, dismissed in limine on 6-2-1997 against which Writ Appeal No. 307 of 1997 was filed before the Division Bench. It further appears that in the mean time, the Kerala Bar Council adopted a resolution on 1-2-1997 to conduct the elections. After the extension of term by the Bar Council of India by its resolution dated 8-2-1997, the process of elections was started and the elections were held with counting of votes being completed on 3-4-1997. The results were declared on the same day, but they were published in the Kerala Gazette on 6th of May, 1997. It was, at this stage, that O.P. No. 8524 of 1997 was filed on 21-5-1997 in the High Court challenging the elections on the grounds, inter alia, that the term of the Kerala Bar Council having expired on 27-1-1997, it had ceased to have any jurisdiction to conduct the elections. This Writ Petition as also the Writ Appeal referred to above, were disposed of by a common judgment passed on 11-12-1997 dismissing the Writ Petition as also the Writ Appeal. The High Court has held that the term of the Kerala Bar Council will be treated to have been extended by the Bar Council of India before the expiry of its original term. It is against this judgment that the present appeal has been filed.
(3.) WE have heard learned Counsel for the parties. Learned Counsel appearing for the appellants has contended that the impugned election by which a new Bar Council for the State of Kerala has been elected is no election in the eye of law as the State Bar Council, on the expiry of its term on 27/01/1997, had ceased to exist and consequently had ceased to have any jurisdiction for conducting a fresh election. It is also contended that the extension of the term of the State Bar Council should have been granted by the BCI before 27th of January, 1997 and since the extension was granted by a resolution adopted on 8/02/1997, it would not have the effect of extending the term with effect from 27th of January, 1997. It is contended that immediately on the expiry of the term of the State Bar Council, fresh elections could have been held only in the manner provided under Section 8-A(3) of the Act and since the elections were not held in that manner through the Special Committee but were held by the State Bar Council, which had ceased to have any jurisdiction in the matter, the elections were a nullity. Mr. V. R. Reddy, learned Senior Counsel appearing on behalf of BCI as also Mr. K.M.K. Nair, appearing on behalf of the Bar Council of Kerala, have contended that the term of the State Bar Council shall be deemed to have been extended on 13th of January, 1997, namely, the date on which the resolution for extending the term was circulated to all the eighteen members of the BCI and since eight of the members had already given their consent for extending the term by a period of six months and others had not raised any objection, the Resolution of Confirmation adopted on 8/02/1997 would relate back to the date on which the resolution for extension of the term by six months was circulated under Rule 6 of the Bar Council of India Rules. That being so, the decision, it is contended, to extend the term of that State Bar Council shall be deemed to have been taken by the BCI on 13/01/1997 and, therefore, the State Bar Council retained its jurisdiction to conduct fresh elections which had been validly held.;