PRABHAT PANIGRAHI, OP
Khurda: The practice experience of an advocate enrolled with the state bar council cannot be taken into account unless and until he qualifies the All-India Bar Examination (AIBE) conducted by the Bar Council of India (BCI), the Orissa High Court said. While disqualifying an advocate from holding the post of ‘treasurer’ of a district bar association for lack of practice experience after qualifying AIBE, the single bench of Dr Justice Sanjeeb Kumar Panigrahi referred to the All India Bar Examination Rules, 2010 and observed,” a perusal of the above rule clearly demonstrates that the All India Bar Examination is mandatory for all law students graduating from the year 2009-10 onwards. Passing this examination is a critical requirement, directly linked to maintaining the standard of individuals seeking to obtain a license to practice law as a profession.” The said advocate had filed his nomination for the post of ‘treasurer’ in the annual district bar election in Khurda for the term of 2024-25.
The petitioner, advocate Biswakesh Mohapatra, lodged a complaint with the Election Officer of the Khordha District Bar Association, alleging that the advocate was ineligible to contest the election due to having only three years of practice experience since he had cleared AIBE only in 2021. However, the Election Officer dismissed the complaint on the ground that the advocate had been included as a valid voter in the voter list issued by the Odisha State Bar Council (OSBC). Accordingly, his nomination was accepted. Thereafter, the petitioner approached the OSBC which constituted a central election committee to investigate the matter. Upon deliberation, the committee concluded that the opposite party (advocate) who had cleared AIBE only in March 2021 could only be considered a practicing advocate from that date onwards, and not before. Then, the OBSC directed the Election Officer of the Khordha District Bar Association to verify whether the eligibility criteria for the treasurer’s post requires a minimum of ten years of regular practice.
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In the event such a ten-year requirement was proved, the Election Officer was instructed to take the requisite steps to invalidate the nomination as the advocate did not meet the stipulated eligibility criteria. However, the Election Officer failed to comply with the order. This made the petitioner file a writ petition in the Orissa High Court seeking that the respondent be treated as a ‘non-practicing advocate’ from the date of his enrolment to March 2021 – the date of passing AIBE – and he be disqualified under Rule 25 of the Khordha District Bar Association Rules, 1957. After perusal of the above rule, Justice Panigrahi made clear that clearing AIBE is mandatory for all law students graduating from the year 2009- 10 onwards for being eligible to practice the profession of law. Consequently, the Election Officer was directed to comply with the direction of the election committee and take necessary steps to invalidate the nomination fi led by respondent as he did not meet the requisite eligibility criteria.