Advocates – State Bar Councils – Elections:
Bar Council of Tamil Nadu and Puducherry – Applications filed by the applicants contending that Advocate General for the State of Tamil Nadu, has expressed apprehension on his ability to conduct free and fair elections to the State Bar Council of Tamil Nadu and Puducherry – However, Bar Council of India (BCI) stated that the Tribunal/Committees have been constituted to oversee the elections to be held by the respective State Bar Councils – Held: Committee consisting of retired Chief Justice/Judges of various High Courts has been constituted by BCI and entrusted to look into the affairs of the elections to the said State Bar Councils – No ground to constitute any another Committee in the place of Committee so constituted.
Bar Council of Kerala – Applications by advocates practicing in Kerala seeking impleadment as also modification of the election schedule finalized by BCI on the ground that the day of election though being Sunday, is a festival day celebrated in the State and thus, it would not be possible for the majority of the voters to cast their vote – Held: On special facts and circumstances of the case, the date of election for Bar Council of Kerala is pre-poned – However, rest of the election schedule, as finalized by BCI, will remain the same.
Bar Council of Maharashtra & Goa – Applications seeking direction to BCI and the Bar Council of Maharashtra & Goa to permit the advocates of these States, who are on the electoral rolls, to cast their vote at New Delhi as they have settled in Delhi for the purpose of legal practice – Held: Election schedule having already been finalized, there is no ground to permit the applicants or the advocates practicing at New Delhi to cast their votes at New Delhi instead of their respective States.
Bar Council of Rajasthan – Application filed by Bar Council of Rajasthan seeking rescheduling of the date of election from 28.03.2018 to 05.04.2018 on the ground that the Rajasthan High Court has holidays from 24.03.2018 to 01.04.2018 and all the members practicing in the High Court would not be able to exercise their franchise owing to such holidays – Held: No ground found to defer the date of election on the pretext of holidays as it would not be proper to reschedule the election already fixed. Bar Council of Delhi – Applicant’s name not included in the electoral roll – Application seeking direction to Bar Council of Delhi to include his name in the electoral list – Held: Applicant did not provide the copies of the original documents as a result of which his name was not included in the electoral roll – No ground made out for directing the Bar Council of Delhi to include the name of the applicant in the electoral roll.
Bar Council of Andhra Pradesh – Application seeking direction to the Andhra Pradesh Bar Council and Telangana State Bar Council to conduct election as per the schedule declared by Supreme Court – Held: BCI has fixed elections schedule for the State of Andhra Pradesh – However, there is no mention of the election schedule for the State of Telangana – The Bar Council of Telangana has not yet come into existence and therefore, the election in the State Bar Council of Telangana has not been fixed – No reason found to direct the BCI to hold election for the State Bar Council of Telangana.
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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