Court emphasizes the role of the Returning Officer in addressing objections to the provisional voter list, discourages premature judicial intervention.
In a recent judgment delivered by the Madhya Pradesh High Court, the bench comprising Justices Anand Pathak and Vinay Saraf emphasized the principle of minimal judicial interference in the elections of Bar Associations. The case, titled "Alok Kumar Gupta v. State Bar Council of Madhya Pradesh," revolved around a writ petition challenging the provisional voter list for the elections of the Madhya Pradesh High Court Bar Association, Jabalpur.
The petitioner, Alok Kumar Gupta, a practicing lawyer, raised concerns about the inclusion of deceased and non-practicing advocates in the provisional voter list. He alleged that this violated the "One Bar One Vote" principle. He sought judicial intervention to withdraw the provisional list and conduct a thorough revision.
The court, however, underscored the established procedure that a provisional voter list is issued to solicit objections and suggestions from stakeholders, which the Returning Officer is mandated to address before finalizing the voter list. The judgment noted that interference by the courts at this preliminary stage is unwarranted, as the electoral process has built-in mechanisms to ensure fairness.
Justices Pathak and Saraf highlighted that the Returning Officer is expected to act impartially, adhere to the rules, and finalize the voter list after considering all objections. The court expressed confidence that the election officers and office bearers would conduct the process in accordance with the bye-laws and regulations, and discouraged assumptions of unfair conduct based on past instances.
The court disposed of the petition, allowing the petitioner to raise objections through the prescribed channels. It reiterated that any grievances should be addressed by the Returning Officer in a structured manner before the elections proceed.
Bottom line:-
Interference in Bar Association elections should be minimal, and objections against a provisional voter list must be resolved by the Returning Officer as per regulations and bye-laws.
Statutory provision(s): Bar Council of India Certificate and Place of Practice (Verification) Rules, 2015, Clause 38 of the Election Bye-Laws.
