In a significant ruling, the Madhya Pradesh High Court has intervened in the administrative affairs of the State Bar Council, directing the removal of its secretary. A division bench found the appointment of Geeta Shukla to the key post legally untenable due to qualifications.
Court's Directive on Bar Council Leadership
The division bench, comprising Chief Justice Sanjeev Sachdeva and Justice Vinay Saraf, allowed a petition filed by a group of lawyers. The petition challenged the legality of appointing a former Lower Division Clerk (LDC) as the secretary of the Madhya Pradesh State Bar Council. The court has now ordered the council to remove Geeta Shukla from the secretary's post.
Furthermore, the bench has given a clear timeline for corrective action. The State Bar Council must complete the process of appointing a new, qualified secretary within two months. The council is also mandated to inform the court once this process is concluded.
The Core of the Legal Challenge
The petition, filed by Shailendra Verma and five other members of the State Bar Council, centered on the qualifications of the appointed secretary. They alleged that Geeta Shukla, who was originally an LDC, did not possess the necessary credentials for the important assignment.
Her career progression within the council was detailed in the petition. Shukla was first promoted to the position of Assistant Secretary on January 31, 2022. Subsequently, she was elevated to the top administrative post of Secretary on July 9, 2024. The petitioners contended that this final promotion was in violation of the rules governing the position.
Bench Emphasizes Importance of the Post
In its decision, the high court bench underscored the significance of the State Bar Council secretary's role. The justices noted that it is an important assignment with specific rules dictating who is eligible to occupy it. The implication was clear: the appointment must adhere strictly to these governing regulations, which the court found was not the case with Shukla's promotion.
This ruling highlights the judiciary's role in ensuring that statutory bodies like the Bar Council follow their own rules and maintain standards in key appointments. The decision is expected to set a precedent for appointments in similar professional regulatory bodies across the state.
