The Bar Council of India has issued notice to the Bar Council of Rajasthan and Rajasthan High Court Bar Association, Jaipur, and stayed the election of Rajasthan High Court Bar Association, Jaipur Bench on the implementation of "One Bar One Vote" in the State of Rajasthan at Jaipur. This action of the Bar Council of India has come on the petition filed by Advocate Sumer Singh Ola, a member of the Rajasthan High Court Bar Association.
The Bar Council in its order said that "It appears that the Bar Association of High Court, Jaipur Bench, and the State Bar Council of Rajasthan are not taking the matter seriously and the High Court Bar Association is trying to proceed very fast with the election without following the said principle. Obviously, such hurriedness would result in manipulation and corrupt practices."
The Petitioner had relied upon the judgment of the Supreme Court passed in the case of Amit Sachan & Anr. V. Bar Council of Uttar Pradesh in which it has been contended that office bearers of the Bar Association are to be elected by the genuine voters and the advocates genuinely/regularly practicing in the High Court and/or the Court concerned, and outsiders not regularly practicing in that court cannot be permitted to hijack the system by permitting them to take part in the election process of electing members of the Bar Association.
"In order to ensure the principle of "One Bar One Vote", the Bar Council of Rajasthan will have to direct all the Bar Association to produce the list of voters and the Rajasthan Bar Council will be required to scrutinize the same carefully. Further, the election of the High Court Bar Associaion as well as the Bar Associations of Rajasthan will have to be held on one day fixed by the Bar Council" the order says.
The BCI finally ordered "Issue Notice to the respondents fixing 09th January, 2023 for hearing and reply of State Bar Council and the High Court Bar Association, Jaipur. In the meantime it is expected that the State Bar Council will take necessary steps for issuing necessary directions to all the Bar Associations and will ask for production of electoral roll all the Bar Associations including the list of voters of Rajasthan High Court Bar Association at Jaipur. In the meantime, in order to ensure a fair and transparent elections, the elections of High Court Bar Association of Jaipur Bench scheduled to be held on 18.11.2022 as well as the elections of any other Bar Associations (if schedule) shall remain stayed.
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