When Advocates Indulge In Unruly Behaviour, It Poorly Reflects On Institution's Image: Allahabad HC Reschedules Awadh Bar Assn Elections

Emphasizing that when Advocates indulge themselves in unruly, indecent and undemocratic behaviour, it poorly reflects on image of the Institution, the Allahabad High Court today delivered its Judgment in the suo motu case relating to the Election of Awadh Bar Association and has fixed the date of the elections on September 25.

Canceling the entire election process which was held, amid the ruckus, on August 14, the bench of Justice Ritu Raj Awasthi and Justice Dinesh Kumar Singh has now framed guidelines for conducting the election on September 25.

On August 16, the Allahabad High Court had taken suo motu cognizance of the unruly behavior of the lawyers during the election of Awadh Bar Association which was scheduled for August 14.

"It is also said that 'lawyers play an indispensable role in the mechanism of administration of justice'. 'The Advocates as members of the Bar and Officers of the Court, have the responsibility of keeping the stream of justice pure and unsullied'. However, when the Advocates indulge themselves in unruly, indecent and undemocratic behaviour, it poorly reflects on image of the Institution where they are practicing and brings down the prestige and dignity of the Institution concern," the Court added

Guidelines issued by the Court

• The U.P. Bar Council shall issue necessary circular or order implementing the principle of 'one Bar one Vote'.
• The U.P. Bar Council shall direct all the registered Bar Associations to put on their website/notice board the names of members who have cast their vote in last three years i.e., 2018, 2019 and 2020.
• The Central Bar Association, Lucknow Bar Association, State Public Services Tribunal Bar Association, Central Administrative Tribunal Bar Association and Armed Forces Tribunal Bar Association are directed to put on their website/notice board the list of members who have casted their vote in last three elections i.e., 2018, 2019 and 2020.
• The Elders' Committee, Awadh Bar Association shall formulate 'code of conduct' for elections keeping in view the recommendations and directions issued today.
• Canvassing by distribution of visiting cards/cards, pamphlets or poster should be prohibited in the elections of the Awadh Bar Association. Distribution of lunch packets,refreshment, etc. should not be allowed either before or during the election and all those who are found distributing such things should be debarred from contesting elections. Hosting or arranging dinner parties for canvassing for elections should be prohibited.
• Senior Registrar or any other Officer deputed by him in consultation with the Elders' Committee shall debar such Members of Awadh Bar Association from participating the ensuing election who may be found having indulged in misbehaviour and disrupting the process of election on 14.8.2021 while the polling was in process, after due verification of the complaints received and perusal of video clipping and such other evidence as may be available.

Elections on September 25, Counting on 26

The Court fixed the elections on 25 September with the following mandatory conditions for a Member of Awadh Bar Association to participate in the election 2021 either for the purpose of contesting the election or casting his/her vote:

• He/She shall have valid certificate of practice issued by Bar Council of Uttar Pradesh having the normal place of practice as 'High Court Lucknow'. The certificate of practice having a mention of place/name of Bar Association (if any) where the Advocate is entitled to vote in the election of Bar Association - Awadh Bar Association, High Court, Lucknow-
• Advocate on Roll of the High Court.
• Clearance of dues of the Awadh Bar Association as on 28.2.2021; and
• Shall be a regular practitioner of the High Court, Lucknow.
• A Member of Awadh Bar Association who is resident of Lucknow and fulfills the above conditions shall only be allowed to participate in the election.
• Any Member of Awadh Bar Association who has contested the election of any Bar other than the Awadh Bar Association during any of the years from 2018, 2019 and 2020 shall not be allowed to contest the election and/or attend the General Meeting of Awadh Bar Association.
• A declaration be taken from every member desirous of casting his/her vote in the Awadh Bar Association Election that he/she would be bound to cast his/her vote only in the Awadh Bar Association and in no other Bar Association. The provision should be made in the Rules of Awadh Bar Association to permanently debar a person from Membership of Awadh Bar Association whose declaration is found incorrect.
• On the principle of 'one Bar one vote' a person who had casted his vote in any election to Executive Committee of any Bar Association other than Awadh Bar Association in last there years shall not be entitled to vote in the Awadh Bar Association election, 2021.
• Fresh security deposit should be required to be furnished by all candidates seking elections to the General Body of the Awadh Bar Association.
• with a view to regular entry of voters the Returning Officer should open some counters in the premises of the Awadh Bar Association where intending voters may present their credentials and after due verification voter card should be issued/sent on the Whatsapp of the Member.
• On the date of election only such persons shall be allowed entry who possess valid voter card. 22. The voter list of regular practitioners shall be prepared within one week from today and, it shall be published on the website of Awadh Bar Association inviting objections, if any.
• The voters shall be issued the voter slip through E-mail and in this regard intimation shall be given on their mobile phone through Whatsapp/SMS. The Elders' Committee shall consider constituting a team of seven or eight members as observers for holding the election and one Member of Awadh Bar Association shall be appointed as Returning Officer for the purpose of election. 

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