Petitioner Withdraws Plea After Bar Council's Commitment to Reconstitute Committees; Court Dismisses Case with Liberty to File Fresh Petition if Needed
In a recent judgment dated October 13, 2026, the Kerala High Court, presided over by Justice P.V. Kunhikrishnan, dismissed a writ petition filed by Yeshwanth Shenoy against the Bar Council of Kerala and another respondent. The petition sought a mandamus directing the Bar Council to constitutionally comply with the Advocates Act, 1961, the Bar Council of India Rules, and the Bar Council of Kerala Rules, 1979, specifically regarding the formation of various statutory committees.
The petitioner appeared in person and initially prayed for the issuance of a writ of mandamus or any appropriate direction compelling the respondents to form the committees as mandated by law. He also sought costs, alleging that the Bar Council's non-compliance was wilful and deliberate despite being made aware of the statutory requirements.
However, during the hearing, Mr. Shenoy withdrew the petition after a subsequent agenda from the Bar Council assured that the committees would be reconstituted in due course. The petitioner requested the court to grant liberty to approach the court again should a fresh cause of action arise in the future. The Court acceded to this request, granting liberty and dismissing the petition as withdrawn.
This development underscores the Bar Council's responsiveness to statutory mandates following judicial scrutiny and highlights the judiciary's balanced approach by allowing the petitioner to seek judicial intervention again if necessary.
The case reflects the procedural diligence in ensuring compliance with the Advocates Act and associated rules, which are essential for the effective governance of the legal profession in Kerala. The Bar Council of Kerala is now expected to proceed with committee constitution, thereby addressing the concerns raised in the petition.
Bottom Line:
Writ petition seeking direction to Bar Council of Kerala to constitute various committees under the Advocates Act, Bar Council of India Rules and Bar Council of Kerala Rules, 1979 was dismissed as withdrawn in view of subsequent meeting agenda stating that committee would be reconstituted, with liberty to petitioner to approach Court again if fresh cause of action arises.
Statutory provision(s):
Article 226 of the Constitution of India, Advocates Act, 1961, Bar Council of India Rules, Bar Council of Kerala Rules, 1979
Yeshwanth Shenoy v. Bar Council of Kerala, (Kerala) : Law Finder Doc Id # 3001065
