The Orissa High Court while disqualifying the lawyer from the position of treasurer in bar election held that the legal practice experience counts only after All India Bar Examination (AIBE) clearance.
The bench of Dr. Justice S.K. Panigrahi has while referring to the All India Bar Examination Rules, 2010, underscored the mandatory nature of the AIBE for all law graduates from 2009-10 onwards. The Court emphasized that clearing AIBE is crucial to obtaining a valid license to practice law in India.
The Court relied on Rule 9 of the AIBE Rules, 2010, which states:
“No advocate enrolled under Section 24 of the Advocates Act, 1961 shall be entitled to practise under Chapter IV of the Advocates Act, 1961, unless such advocate successfully passes the All India Bar Examination conducted by the Bar Council of India.”
The Court also cited the Supreme Court’s ruling in Bar Council of India v. Bonnie Foi Law College (2023 LiveLaw SC 96), which reaffirmed the BCI’s authority to conduct AIBE as a quality control measure for law professionals.
Case Background
The controversy arose when OP-4 (Opposite Party No. 4) filed his nomination for the post of treasurer in the Khordha District Bar Association elections. The petitioner objected, claiming that OP-4 had only three years of valid practice experience as he cleared AIBE in 2021, despite enrolling as an Advocate in 2013.
Initially, the Election Officer dismissed the complaint, citing OP-4’s inclusion in the voter list issued by the Odisha State Bar Council (OSBC). However, upon review, the OSBC’s Central Election Committee ruled that OP-4 could only be considered a practicing Advocate from March 2021 onwards and not before.
Court’s Verdict
The High Court found that OP-4 did not meet the required 10 years of practice experience for the position, as mandated by Rule 25(e) of the Khordha District Bar Association By-Laws. The Court criticized the Election Officer for ignoring the OSBC’s direction and allowing OP-4’s participation despite clear disqualification grounds.
Key Takeaways from the Judgment:
- AIBE is mandatory for law graduates from 2009-10 onwards to gain valid practice experience.
- Advocates cannot be considered ‘practicing’ before clearing AIBE, even if enrolled with the State Bar Council.
- Bar Association elections require adherence to eligibility criteria, including minimum practice experience.
- The Election Officer must comply with directives from the State Bar Council and Election Committee.
Final Orders
The High Court invalidated OP-4’s nomination and directed the Election Officer to take necessary steps to enforce the decision. The ruling reinforces the importance of AIBE qualification for legal practice and participation in Bar Association governance.
This judgment sets a critical precedent for Bar elections across India, ensuring that only eligible and experienced Advocates hold key positions.
Case Details
Case Title: Biswakesh Mohapatra v. The Odisha State Bar Council & Ors.
Case No.: W.P.(C) No. 11411 of 2024
Date: February 14, 2025
Counsel For Petitioner: Tusar Kumar Mishra
Counsel For Respondent: A.P. Bose
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