No Interim Stay On Bar Association Elections Being Held Strictly As Per Bye-Laws, Policies : Supreme Court Clarifies

During the hearing of the case concerning strengthening of Bar Associations across the country, the Supreme Court today clarified that there is no impediment against Bar Associations holding elections strictly in accordance with their constitutions/bye-laws/policies/rules.

"It is clarified that there is no interim stay passed by this Court against holding of elections of the Bar Associations strictly in accordance with their respective constitutions/bye-laws/policies/rules", said a bench of Justices Surya Kant and Dipankar Datta, dealing with the application of an advocate practicing at the Punjab and Haryana High Court.

The application in question mentioned that the elections of Punjab and Haryana High Court Bar Association were not being held, despite the tenure of one year being over, on the ground of pendency of the present case before the top Court.

In this backdrop, the Court issued the clarification. "There is no impediment for the Bar Associations to be re-constituted as per their bye-laws", remarked Justice Datta orally.

Justice Kant, on the other hand, added, "Right now, whatever system is there, the bye-laws, societies constitution, that should continue...ofcourse we propose to examine the issue as to what should be the minimum tenure, but that will happen in due course of time...".

The Court further indicated that any guidelines it lays down in the present case would apply on pan-India basis. It also issued notice on a petition relating to "One Bar, One Vote" in Bar Councils. The petitioner's counsel in this matter alleged that one member was casting 25 votes and a particular group of individuals was getting re-elected, in violation of Supreme Court's judgment.

Case Title: RE: STRENGTHENING AND ENHANCING THE INSTITUTIONAL STRENGTH OF BAR ASSOCIATIONS Versus THE REGISTRAR GENERAL AND ORS., SLP(C) No. 3950/2024