Raj. Bar Asso. Election: Supreme Court clears the way for election

Raj. Bar Asso. Election: Supreme Court clears the way for election

The Bench of Justice MR Shah and CT Ravikumar while hearing the SLP filed by the Bar Council of India against the order of the Division Bench of Rajasthan High Court

The Bench after hearing the Bar Council of India and one of the contestants passed the following order:-

"Having heard Sh. Prasad and appearing on behalf of BCI and Dr. Abhinav Sharma for Respondent No. 1 a contesting candidate who is contesting ensuing the election, the voting is scheduled on 16th  December 2022. We dispose of the present SLP by directing that the ensuing election of the office bearers of the Rajasthan High Bar Association at Jaipur scheduled on 16.12.2022 shall be conducted absolutely as per the by-laws approved by the Division Bench of the High Court in the judgment and order dated 12.09.2017 in DBCivil Writ Petition no 130/2020 and as per the decisions of the division bench strictly in the aforesaid decision of aforesaid writ petition as modified by this court in the case of Raj. High Court, jodhpur C.A. 9006/2019 and also relied on strictly on the law laid down in 2011)13 SCC 774 SCBA v. BS+D Kaushik. It is also further directed there shall not be a breach of the principle of One Bar one Vote and all precautions shall be made by the election tribunal who see that One Bar One Vote shall be strictly followed..The present SLP is stand disposed of.”

The Bar Council had stayed the Election in Bar Association across Rajasthan. The single Bench of the Rajasthan High Court stayed the order of the Bar Council of India dated 03.10.2022 by its order dated 11.10.2022.

The Bar Council of India filed an appeal before the Division Bench of High Court which came to be dismissed. The Bar Cuncil of India Challenged the order before the Supreme Court. The case was mentioned before the Chief Justice and the date was fixed for yesterday. When the case was listed before the court of Justice Shah and Ravikumar, the matter did not reach for hearing, Hench the case was listed today for hearing wherein the Supreme Court passed the order.

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