“Petitioner Bypassed the Mechanism for Challenging Elections Under Representation of the People Act”: HC Dismisses Plea to Disqualify BCI Chairman Manan Mishra from Rajya Sabha

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The Delhi High Court dismissed a petition seeking the disqualification of Bar Council of India (BCI) Chairman Manan Mishra from the Rajya Sabha. The plea questioned Mishra’s eligibility for the position, but the court found no grounds to support the disqualification. The ruling upheld Mishra’s status, allowing him to continue in his role.

New Delhi: The Delhi High Court dismissed a petition requesting directions to the Union of India and the Election Commission to disqualify Manan Kumar Mishra, Chairman of the Bar Council of India (BCI), from the Rajya Sabha.

Additionally, the court imposed a fine of Rs 25,000 on the petitioner, Amit Kumar Diwakar, a practising advocate.

Diwakar argued that Mishra, while serving as BCI Chairman, a statutory position under the Advocates Act, 1961, which involves statutory functions, administrative responsibilities, quasi-judicial duties, and financial authority, cannot simultaneously hold a seat in the Rajya Sabha.

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Justice Sanjeev Narula, in dismissing the plea, stated,

“The petitioner had bypassed the mechanism for challenging elections as outlined in the Representation of the People Act.”

The court noted,

“The constitutional and statutory framework stipulates that challenges to elections must be made in the prescribed manner under the Act, and the courts cannot allow writ petitions to serve as an alternative route to circumvent this established procedure.”

The court remarked,

“The petitioner’s decision to invoke this court’s writ jurisdiction without filing an election petition amounts to a misapplication of legal principles. The claim, presented as a writ petition, is essentially an attempt to challenge the election of Manan Kumar Mishra, which cannot be reviewed in these proceedings.”

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Additionally, the court highlighted that only individuals who meet specific legal criteria can file an election petition.

The court stated,

“In light of the aforesaid principles, it is clear that the petitioner, being neither an elector nor a candidate in the election in question, lacks the necessary locus standi to file an election petition,”

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