Breach Of ‘One Bar One Vote’: Gujarat HC Stays Announcement Of Bar Assn Election Results [Read Order]

The Gujarat High Court has, in an interim order, stayed the announcement of results of the elections to the Bar Association until further orders by the court.

Hemalkumar Bhupendrabhai Gohel had approached the high court, contending that elections to the bar association were being held in breach of the principle of 'one bar one vote'.

The Delhi High Court had allowed petitions seeking introduction of the principle of one advocate, one vote in one bar, in all bar associations, irrespective of the multitude of memberships of an advocate in Delhi. The Supreme Court had dismissed the Special Leave Petitions.

Pursuant to the dismissal of SLP, the Bar Council of India passed a resolution, wherein all bar associations in the country were required to follow the principle of 'one bar, one vote' for holding the elections to the bar association.

Refusing to stay the elections, Justice NV Anjaria observed:  “It is trite principle that the elections cannot be stayed, therefore, stay of the elections cannot be granted. However, in the facts and circumstances of the case, in order that an irreversible situation does not arise, the result of the elections to the respondent Bar Association, which is scheduled to take place on 23.01.2017, shall not be announced and shall be kept in a sealed cover subject to further orders which may be passed by the court after hearing the parties.”

Read the order here.

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