Bar Council Polls: Polling To Be Videographed, Results Only After Tribunal’s Nod, Luncheons To Earn Debarment As SC Orders Implementation Of BCI Resolution [Read Order]

Elections to State Bar Councils at all sensitive polling stations will now be under CCTV surveillance and video-recorded while anyone throwing luncheons etc will be debarred and the results of the polls will be published only after the Election Tribunal accords it a finality as the Supreme Court ordered that the resolution passed by the Bar Council of India will be given effect to.

A bench of Justice RK Agrawal and Justice Abhay Manohar Sapre said the same principle will apply for the elections of Chairman, Vice-Chairman, representative-Member and other posts of State Bar Councils/Bar Council of India.

The said posts will go to polls only after the BCI is satisfied with the fairness of the poll process.

As for the polls to Bar Council of Bihar, in view of the serious complaints regarding the fairness of the polls, five co-observers will assist in the poll process.

On Friday, the Supreme Court ordered that “The following Resolutions passed by the Bar Council of India shall be given effect to:

1.  The State Bar Councils/Returning Officers are further requested to provide CCTV cameras or video-coverage for the process of polling at sensitive polling booths. It is further resolved that any candidate if found using any sort of unfair means, corrupt practice, bribing the voters, throwing lunch, dinner parties, breakfast etc. in and around the polling booths (for getting votes) should be debarred from contesting elections and their candidatures will be cancelled by the Tribunal.


2.  That though the counting process will go on after elections and the result of the members will also be declared, the results will not be sent for publication in the official gazette and will not attain finality, unless the concerned Tribunal finally approves the said result after holding an enquiry, if any, into the complaints made. The result will be sent for publication in the official gazette only after getting approval from the Tribunals and the Bar Council of India. The office is directed to place the resolution before the Hon’ble Tribunals for the needful. The same principle will apply for the elections of Chairman, Vice-Chairman, representative-Member and other posts of State Bar Councils/Bar Council of India. The Bar Council of India shall fix the schedule for the elections of the aforementioned posts after getting the final approval from the concerned tribunals and after getting satisfied with the fairness of the elections. All the disputes and complaints are to be disposed of before the publication of the result in the official gazette.


3.  That to request the Hon’ble member-in-charge of the Tribunal for the State Bar Council of Bihar to appoint five Co-Observers in order to aid and assist the Hon’ble Observer for the State Bar Council of Bihar. This proposal is being made in view of serious complaints made by some Bar Associations and the Advocate Avinash Motihari. The five Co-Observers will be authorized to look after the entire affairs of the elections of the State of Bihar and to report to the Hon’ble Observer and the Hon’ble Member in-charge for the State of Bihar of the Tribunal.

The court was hearing several petitions relating to bar council elections and disallowed detagging of the petitions.