BCI Stays Elections Of Rajasthan High Court Bar Association(Jaipur) On Plea To Enforce "One Bar One Vote" Policy

The Bar Council also directed a stay on the upcoming elections of the High Court Bar Association of the Jaipur Bench and elections of any other Bar Associations in order to ensure a fair and transparent elections. The Council had observed that, "the unruly, indecent and rustic behaviour in the course of the election should strictly be checked. If one voter is allowed to exercise his voting rights in more than one Bar Association, then the sanctity of such election becomes questionable."

The Bar Council of India had taken up a petition filed by Sumer Singh Ola, an Advocate of the Rajasthan High Court, who had prayed for the implementation of the principle of "One Bar One Vote". It has been contended by him that the elections of the Bar Association should be done only through genuine voters and advocates regularly practicing in the High Court or the Court concerned and those who are not practicing regularly in that court should not be allowed to hijack the system.

The petitioner had in his petition relied upon the judgment of the apex court in the case of Amit Sachan and Anr. Vs Bar Council of Uttar Pradesh where the Court had stated 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."

The Council also noted that it appears that the Bar Association of the High Court, Jaipur Bench and the State Bar Council are not taking the matter seriously and the Bar Association is trying to proceed very fast with the elections without following the said principle which would result in manipulation and corrupt practices. Thus, the BCI also suggested in the order that "the Bar Council of Rajasthan will have to direct all the Bar Associations to produce the list of voters and the Rajasthan Bar Council will be required to scrutinize the same carefully" and the elections of the High Court Bar Association and all the other Bar Associations of Rajasthan will be held on one day fixed by the Bar Council.

The next date for hearing and reply of the State Bar Council and High Court Bar Association has been fixed for 9th January 2023.