The State Bar Council of Punjab and Haryana in the case Sukhwinder Singh Bhatia v. Bar Council of Punjab & Haryana And Or’s observed and has informed the Supreme Court that the District Ludhiana the Bar Council election programme which is proposed to be conducted on 16.12.2022, wherein ought to have rescheduled in view of the fact that the State Bar Council is yet to finalise the voters’ list.
The bench comprising of Justice Sanjay Kishan Kaul and Justice A.S. Oka was hearing the matter mentioned by an applicant who had filed an application for stay of the elections. Th ebenhc took the matter on board and has issued a notice.
On 15.09.2022, it has been submitted by the applicant that the State Bar Council of Punjab and Haryana issued the notification for the elections of the year 2022-2023. Further, it was contended by him that the same was in violation of Rule 6(B)(i) of the Bar Associations (Constitution and Registrations) Rules, 2015.
The Apex Court on July 12, 2022 issued a notice to the Bar Council of Punjab and Haryana in a plea alleging that elections are held in the District Bar Association, Ludhiana without complying with the provisions of the 2015 Bar Associations (Constitution and Registration) Rules, in relation with the voters list which comprises of non-advocates and others without any voting rights. The court while issuing the notice that a proper voters’ list is to be drawn and the election is to take place in accordance with the said list. The counsel appearing for the bench appraised the bench that till date the voters’ list has not been finalised and the upcoming Bar Council election is to take place on the basis of the previous voters’ list which was prepared.
The notice was accepted by the Counsel for the Bar Council of Punjab and Haryana being present in Court and has submitted that that with regard to only the District of Ludhiana the voters’ list has not been published yet. Further, it was submitted by him that the counsel was to decide the objections to the draft voters’ list by 30th of November. But on November 30, the list with objections came to the Bar Council. It was also assured by him to the bench that the State Bar Council is in the process of finalising the voters’ list. However, it has been conceded by him that the elections programme with respect to Ludhiana has to be rescheduled, so that the dates which are fixed in consonance with the time period for finalising the list.
Accordingly, the matter is next to be heard in the first week of January, 2023.