Chennai High Court: No application for enrollment can be dismissed by the State Bar Council without consulting the Bar Council of India (BCI)

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A division bench of Justices R Subbiah and  Nisha Banu of the Madurai bench of the high court,  held that the Bar Council of India’s (BCI) views must be taken into consideration before dismissal of an individual’s enrollment application by the State Bar Council.

A writ petition was filed by the petitioner, for setting aside the orders of the state bar council that dismissed the application of the petitioner on failing to disclose some pertinent information in the application form. The State Bar alleged that the petitioner had failed to disclose information pertaining to a criminal case, filed with the police for his involvement  in a number of protests against policies of the government vis-a-via the marginalized sections of society.

The court observed that section 26(2) of the Advocates Act, 1961 makes it a mandatory requirement to take the views of the BCI into consideration before orders of dismissal are issued by the state bar council. The court observed that “Since the rejection of the application of the petitioner is not in accordance with Section 26 of the Advocates Act, the impugned order is liable to be quashed and is accordingly, quashed.”
It ordered the state bar council to review the application in accordance to the provisions outlined under section 26 of the Advocates Act within a time period of 6 months from the time the copy of this order is received by the state bar council. 

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