Gujarat Bar Council Ex-Chairman's Candidature Cancelled Over UK Citizenship
In a significant development, the High Powered Election Committee has ordered the cancellation of the candidature of former Bar Council of Gujarat (BCG) chairman, advocate C K Patel, for the upcoming March 6 elections. This decision stems from legal objections raised by a contestant, citing Patel's acquisition of United Kingdom citizenship in 2009, which renders him ineligible under the Advocates Act, 1961.
Election Committee's Directive and Corrigendum
The three-member High Powered Election Committee, comprising a retired Supreme Court Judge and two Senior Advocates, issued an order on Wednesday directing the returning officers of the Bar Council of Gujarat to cancel Patel's candidature. This followed the scrutiny of nomination documents on February 9, where a contestant objected to Patel's eligibility based on his foreign citizenship.
Subsequently, the Bar Council of Gujarat issued a corrigendum, signed by Chief Returning Officer H M Parikh and Joint Returning Officer R C Jani, formally removing Patel's name from the list of candidates. The corrigendum references the committee's order dated February 11, 2026, which was prompted by an objection application filed by advocate Manoharsinh Raysinhbhai Parmar.
Legal Basis and Patel's Background
Joint Returning Officer advocate R C Jani clarified that Patel voluntarily accepted UK citizenship in 2009 and holds an Overseas Citizen of India (OCI) card. Under Section 24 of the Advocates Act, 1961, non-citizens of India are ineligible to be candidates in Bar Council elections. Jani noted that Patel, a two-term BCG member and former chairman, had not previously disclosed his OCI status to the council, with this information only emerging during the current election cycle.
The matter was referred to the High Powered Election Committee due to its jurisdictional authority, leading to the cancellation order. Patel was unavailable for comment on the issue.
Future Implications and Broader Context
A senior lawyer indicated that further action against Patel, as per the Advocates Act, will fall under the purview of the BCG, which will form a new committee after the March 6 polls. This incident highlights the strict enforcement of citizenship requirements in legal professional bodies and underscores the importance of transparency in electoral processes.
The case draws attention to the complexities surrounding dual citizenship and eligibility criteria for public offices in India, particularly within the legal fraternity. It also reflects ongoing efforts to maintain integrity in bar council elections, ensuring that candidates adhere to statutory provisions.
