Heard Ms. Fouzia Mirza, learned Senior Advocate assisted by Mr. Ali Afzaal Mirza and Ahmed Ayaan Mirza, {in WPC No. 103/2026} and Mr. Shikhar Bakhtiyar, Mr. Anshul Tiwari and Mr. Awadh Tripathi, Advocates {in WPC No. 104/2026}, learned counsel for the petitioner(s) as well as Dr. Sourabh Kumar Pande, learned counsel for the respondent-Bar Council of India/ respondents No. 1 and 2, Mr. Shashahk Thakur, learned Additional Advocate General for the State and Mr. Pranav Tiwari, learned counsel for the respondent No. 8 {in WPC No. 103/2026}.

A mention was made in the morning by Ms. Fouzia Mirza, learned Senior Advocate, and Mr. Shikhar Bakhtiyar, learned counsel appearing for the respective petitioners, seeking urgent listing of the present writ petitions on the ground that the election of the office bearers of the Chhattisgarh State Bar Council as well as the Member to the Bar Council of India was scheduled to be held today, i.e., 09.01.2026 but the same has been deferred by the Chairman of the Bar Council of India by passing the order dated 06.01.2026 and the mention has been allowed after duly noticing the learned counsel for the Bar Council of India as well as the learned State counsel. Thus, these matters have been listed today by the Registry as fresh matters in List-I (Suppl. List).

The grievance of the petitioners arises out of an order dated 06.01.2026 (Annexure P/1) passed by respondent No. 2, Chairman, Bar Council of India, wherein it is stated that the Bar Council of India has received certain inputs/information from multiple sources, described as rumours, suggesting that a few members were allegedly involved in corrupt practices, including horse-trading, and that there was an apprehension that such persons may get elected as office bearers by adopting corrupt, illegal and unethical means, thereby undermining the fairness and purity of the electoral process.

Based on the aforesaid inputs, the Chairman, Bar Council of India, vide communication dated 06.01.2026, has deferred the elections of office bearers scheduled to be held on 09.01.2026 and further decided to constitute an Inquiry Committee headed by a former Judge of a High Court with two Senior Advocates as its members, directing the Committee to submit its report to the Bar Council of India within a period of ten days.

Learned Senior Advocate appearing for the petitioners submits that the impugned order of deferment is arbitrary, disproportionate and violative of the principles of natural justice. It is contended that the order is founded solely on vague and unsubstantiated allegations couched as “inputs” and “rumours”, without disclosure of any concrete material or prima facie evidence indicating commission of corrupt practices. It is further submitted that postponement of a long-overdue election, on such tenuous grounds, seriously affects the democratic functioning and autonomy of the Bar Councils and undermines the confidence of the legal fraternity.

It is further submitted by the learned counsel appearing for the respective respondents that it appears that the impugned order dated 06.01.2026 has been passed by the Chairman, Bar Council of India to further delay the election process which is causing great hardships to the Advocates of the State for redressal of their grievance and the welfare steps which has to be taken for the legal fraternity.

At this stage, a bare perusal of the impugned order prima facie reveals that the allegations are general and omnibus in nature. No specific instance, material, or identifiable act of malpractice has been referred to in the order so as to justify the extreme step of deferring a duly notified election process. While the objective of maintaining purity of elections is undoubtedly laudable, any interference with an ongoing or scheduled electoral process must rest on cogent material and demonstrable necessity.

Elections to statutory bodies form the backbone of democratic governance and cannot be lightly deferred, particularly when such elections are already overdue. Any decision to postpone elections must therefore be informed by transparency, fairness, and proportionality, and must be supported by tangible material rather than mere apprehensions or unverified information.

Dr. Sourabh Kumar Pande, learned counsel appearing for the respondent–Bar Council of India, on his request, is granted 48 hours’ time to seek instructions and to file an appropriate response explaining the basis and the material for passing the impugned order dated 06.01.2026.

List these matters again on Monday, i.e., 12.01.2026.

We further hope and trust that the respondent-Bar Council of India shall take all necessary and positive steps to ensure that the elections of the office bearers of the Chhattisgarh State Bar Council as well as Member of the Bar Council of India will be conducted expeditiously without any further delay and in a fair and transparent manner, in the larger interest of the legal fraternity, especially in light of the fact that when this Court took suo moto cognizance of the non-functioning of the Chhattisgarh State Bar Council, by registering a petition, being WPPIL No. 25/2025 on 06.02.2025 and thereafter by passing various orders, only thereafter, the elections of the Chhattisgarh State Bar Council was conducted.

Certified copy, today.