SC clears path for Rajasthan Bar Association elections, rejects interference

SC clears path for Rajasthan Bar Association elections, rejects interference

In a significant legal development, the Supreme Court has declined to intervene in the Rajasthan High Court's directive, upholding the decision to hold elections for all bar associations in the state on the same day. The order, issued by the bench of Justice B.R. Gavai and Justice Prashant Kumar Mishra, emphasizes a synchronized election process for bar associations, with results to be declared simultaneously.

The plea for Supreme Court intervention was brought forward by the Rajasthan High Court Advocate Bar Associations of Jodhpur, Ajmer, and Tonk. While rejecting the plea, the Supreme Court has allowed the petitioners to file an application in the High Court for a modification of its order.

Throughout three hearings, the Supreme Court emphasized that the bar associations' terms should align with the constitutional framework, completing within one or two years, and therefore, elections should not be held in this context. Advocate Ajay Singh, representing the petitioners, presented the case challenging the Rajasthan High Court's order.

Chief Justice Justice A.G. Masih of the Rajasthan High Court, in a decision during the case's hearing, ruled in favor of conducting unified elections for all bar associations in the state. The court questioned the Bar Council of Rajasthan about its intentions regarding synchronized elections, to which Advocate Prateek Kasliwal explained that the bar associations had previously challenged rules formulated by the Bar Council in 2013. In 2017, the High Court had nullified these rules.

Kasliwal argued that each bar association has its own constitution, and therefore, the rules of the Bar Council of Rajasthan cannot be universally imposed. He urged the High Court to make a decision in this matter.

The Supreme Court's decision impacts the scheduled elections for the Bar Association of Jaipur, originally set for August 28. The elections were being conducted under the "one board, one bar" rules, where a lawyer could cast a vote only once. However, with the High Court's order, elections for bar associations across Rajasthan will now take place on a single date, resolving the issue of differing rules.

Rajasthan boasts approximately 250 registered bar associations, covering the High Court, Session Courts, and other tribunals, with an estimated 104,000 advocates registered with the Bar Council of Rajasthan. This move towards synchronized elections aims to streamline the electoral process and create uniformity in the functioning of various bar associations across the state.

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