Today, On 16th January, The Supreme Court dismissed a petition challenging Manan Kumar Mishra’s membership in the Rajya Sabha, where he serves as the Chairman of the Bar Council of India (BCI). The petition sought to disqualify Mishra, but the Court found no merit in the challenge and upheld his position. The decision reinforces Mishra’s eligibility to hold the seat in Parliament. The Court ruled in favor of dismissing the plea.
New Delhi: The Supreme Court upheld the Delhi High Court’s decision to dismiss a petition seeking the disqualification of Bar Council of India Chairman Manan Kumar Mishra from his Rajya Sabha seat.
The bench, consisting of Justices Surya Kant and N. Kotiswar Singh, found no substantial grounds to contest the High Court’s ruling, although they set-aside the imposition of a Rs.25,000 cost against the petitioner.
The petitioner, Amit Kumar Diwakar, an advocate, had contended that Mishra’s simultaneous roles as BCI Chairman and Rajya Sabha member were legally incompatible.
However, the High Court previously rejected these claims, stating that Diwakar, not being an elector or a candidate in the relevant election, lacked the standing to file an election petition. The court further highlighted that disqualification under Article 102(1) of the Constitution necessitates a formal inquiry and cannot be based solely on allegations.
The High Court had also imposed a financial penalty on Diwakar for what it described as a misuse of the legal process, aimed at circumventing established procedures for contesting election results.
Today, while dismissing the special leave petition (SLP), the Supreme Court relieved Diwakar of this financial burden, referencing the specifics of the case and expressing hope that such frivolous litigations would not occur in the future.
Manan Kumar Mishra, who was elected unopposed to the Rajya Sabha from Bihar under the NDA banner, has faced scrutiny regarding his dual roles, but today’s ruling secures his position.
Manan Kumar Mishra is the current Chairman of the Bar Council of India (BCI). The Bar Council of India is the apex regulatory body for legal professionals in India, overseeing the functioning and ethical practices of the legal profession. Mishra has been involved in various legal reforms and initiatives aimed at improving the legal system in India.
His tenure has seen active engagement with the government, judicial system, and legal community to address various concerns related to the profession, including ethics, lawyer welfare, and access to justice.
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