The Supreme Court of India, in a recent proceeding, has addressed a grievance raised by the District Bar Association, Katni, regarding the exclusion of certain advocates from the electoral rolls for the upcoming State Bar Council elections in Madhya Pradesh. A Bench comprising the Chief Justice of India Surya Kant and Justice Joymalya Bagchi has permitted the excluded advocates to rectify deficiencies in their records to ensure their participation in the democratic process scheduled for May 12, 2026.
Background of the Case
The District Bar Association, Katni, and one of its members filed a Writ Petition under Article 32 of the Constitution of India. The primary relief sought was a direction for the inclusion of advocates whose names were excluded from the electoral rolls for the Madhya Pradesh State Bar Council elections.
According to a communication dated April 15, 2026, addressed by the Association to the Election Officer, 235 members were initially deleted from the rolls. Following a representation by the Association, 183 names were re-included in the final rolls published on April 1, 2026. However, 52 advocates remained excluded, prompting the petitioners to move the Apex Court.
Submissions and Court’s Analysis
During the proceedings, the counsel for Respondent No. 3 (the Returning Officer and former Judge of the Madhya Pradesh High Court, Justice Sushil Kumar Palo) submitted a brief note outlining the mandatory requirements for an advocate to be included in the voters’ list:
- Deposition of the requisite Advocates Welfare Fund as per the AWF Rules, 2001.
- Compliance with the Certificate and Place of Practice Rule, 2015.
- Submission of the “Declaration Form” as provided in the same Rule.
- Passing the All India Bar Examination (AIBE) as per the BCI memo dated April 12, 2013.
The Court observed that while these requirements are standard, “individual reasons have not been assigned or indicated to the approximately 50 advocates” who remain excluded. Counsel for the Respondent informed the Bench that the names of the advocates along with specific reasons for their exclusion had since been notified on the website of the State Bar Council.
The Decision
Taking note of the availability of these reasons online, the Court granted the excluded members an opportunity to take corrective measures. The Court ordered:
“If that is so, we permit the excluded members of the petitioner no. 1-Association to take rectifying actions in regard to the marked objections within two days, i.e., on or before 07.05.2026.”
The Bench further directed that if the excluded members remove the assigned deficiencies, their claims must be reconsidered by the High Powered Election Committee, Jabalpur. Subsequently, the voters’ list is to be revised through an addendum by May 9, 2026.
The Court concluded by clarifying that:
“It goes without saying that those who are included in the revised voters’ list shall be entitled to exercise their right to vote on the date of the election, i.e., 12.05.2026.”
With these directions, the Writ Petition and all pending interlocutory applications were disposed of.
Case Details
- Case Title: District Bar Association, Katni & Anr. v. Bar Council of India & Ors.
- Case No.: Writ Petition(s) (Civil) No(s). 564/2026
- Bench: Chief Justice of India Surya Kant and Justice Joymalya Bagchi
- Date: 04-05-2026
