Bar Elections May Be Held Prior To Notification Of Rules On Mandatory Requirements For Candidates: BCI [Read Press Release]
In partial modification of its earlier decision, the Bar Council of India has issued a press release, clarifying that Bar elections may be held, notwithstanding that the rules stipulating mandatory requirements for contesting candidates have not been notified. "The proposed rules of Bar Council of India to provide eligibility norms for candidates to participate in elections of Bar...
In partial modification of its earlier decision, the Bar Council of India has issued a press release, clarifying that Bar elections may be held, notwithstanding that the rules stipulating mandatory requirements for contesting candidates have not been notified.
"The proposed rules of Bar Council of India to provide eligibility norms for candidates to participate in elections of Bar Council and Bar Associations shall come into force from the date these are published in the gazette as per applicable rules.
Therefore, if Bar elections in any Bar Association anywhere in the country becomes due before publication of notification of the proposed eligibility rules of Bar Council of India, such Bar Association(s) can also conduct election as per its own rules," the press release read.
On November 22, the BCI had said that no elections of Bar Councils or Bar Associations shall be held till finalizing of the proposed Rules stipulating certain mandatory requirements for candidates desirous to be the representatives of Bar Associations/ Bar Councils.
While modifying the decision, the BCI added,
"…any Bar Associuation in the country where Bar elections are already due, may go ahead with the election process to hold elections and those bar Associations where election issue is subjudice in courts for any reason, such Bar Associations may hold election as per order of the court, if so required."
Today's Press release was also accompanied by an advisory that the State Bar Associations should hold elections in the District Court Bar Associations on the same day, to bring "salutary reform" in the election process and "minimize unwarranted interference" from non-members.
The BCI said it had come across various untoward incidents where crowd of non-member and non-voters, who were not regular practitioners in the concerned district courts, gathered to influence the election and often lead to undeserving representations.
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