Bar Council of India notifies the directions for the election disputes in 2026 State Bar Council election

Bar Council of India notifies the directions for the election disputes in 2026 State Bar Council election

Pursuant to the orders of the Hon’ble Supreme Court, the Bar Council of India has notified the directions for the election disputes arising out of the elections to the State Bar Councils held in the year 2026.

The directions provide for:

1. Constitution of Election Tribunals for State Bar Council Elections, 2026

For the purpose of adjudication of election petitions arising out of the elections to the State Bar Councils held with effect from the year 2026, the two Election Tribunals shall function as Election Tribunals of the Bar Council of India:

Election Tribunal I (a) Hon’ble Mr. Justice Deepak Gupta, former Judge, Supreme Court of India, as Chairperson; (b) Hon’ble Mr. Justice Dhiraj Singh Thakur, former Chief Justice, Andhra Pradesh High Court, as Member; (c) Ms. Mahalakshmi Pavani, Senior Advocate, as Member.

Election Tribunal II (a) Hon’ble Ms. Justice Hima Kohli, former Judge, Supreme Court of India, as Chairperson; (b) Hon’ble Mr. Justice Tarlok Singh Chauhan, former Chief Justice, Jharkhand High Court, as Member; (c) Ms. Kaveeta Wadia, Senior Advocate, as Member

2. Continuance of earlier pending matters
The constitution of the aforesaid Tribunals shall not, by itself, disturb election petitions, applications or proceedings relating to earlier elections or earlier assigned matters which are already pending before any existing Election Tribunal, including the Tribunal headed by Hon’ble Mr. Justice Rajendra Menon, former Chief Justice, High Court of Delhi, along with its Members. Such pending matters shall continue before the Tribunal to which they already stand assigned, unless the Bar Council of India, for administrative reasons orders otherwise.

3. Filing of Election Petitions
Every election petition relating to the State Bar Council elections held with effect from the year 2026 shall be presented before the Secretary, Election Tribunal, Bar Council of India, who shall also act as the Secretary/Registry for the purpose of receipt, scrutiny and registration of such election petitions, complaints, applications or representations.

4. Allocation of matters
Upon presentation and registration of an election petition, the Bar Council of India shall allocate the matter to the concerned Election Tribunal (or the High Powered Election Supervisory Committee constituted by Hon’ble Supreme Court vide its Order dated 18.11.2025 having regard to the nature of the dispute, pendency, convenience and workload. The Bar Council of India may, for administrative convenience and expeditious disposal, allocate or reallocate matters among the Election Tribunals.

5. Limitation
Every election petition seeking to question or set aside an election, result or declaration of any returned candidate, or the election as a whole, shall be filed within thirty days from the date of declaration of the result. Provided that, in respect of those State Bar Councils whose results have already been declared before the date of publication of this notification, the election petition shall be filed within fifteen days from the date of publication of this notification in official gazette.

6. Fee
Every election petition shall be accompanied by proof of deposit of process fee of Rs.30,000/- in the account of the Bar Council of India and other complaints and/or applications shall be required to accompany a fee of Rs. 5,000/-as already prescribed under the Regulations notified in the Gazette of India on 10th October, 2023. The fee shall be payable to the Registrar of the Tribunal. No election petition shall be treated as duly filed unless accompanied by proof of such deposit, subject to such orders as may be passed by the concerned Election Tribunal.

7. Time frame for disposal
The Election Tribunals shall endeavour to dispose of election petitions as expeditiously as possible and, as far as practicable, within a maximum period of six weeks from the date of filing. The Election Tribunal may regulate its own procedure, curtail unnecessary adjournments, call for records, direct production of election papers, decide preliminary issues, and pass such procedural directions as may be necessary for expeditious and effective adjudication of election disputes.

8. Records and cooperation
All State Bar Councils, Returning Officers, Assistant Returning Officers, Observers, officers and other authorities connected with the election process shall extend full cooperation to the Election Tribunal and the Bar Council of India and any authority acting under the directions of the Hon’ble Supreme Court or the Election Tribunal, and shall produce records, election papers, result sheets, ballot-related material, correspondence and other relevant documents as and when requisitioned.

9. Power to issue clarifications
The Bar Council of India may issue such administrative clarifications, allocation orders, filing instructions, registry directions or consequential directions as may be necessary for giving effect to this notification and for ensuring timely disposal of election disputes.

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