The Secretary of Bar Council of India, Srimanto Singh today taking note of the objections raised in the form of writ Petition filed before the Supreme Court and other High Courts against the Elections held at the Bar appointed a former Chief Justice and a former Judge of a High Court to be the Observers for the said elections.
The Bar Council of India of through a press release dated 04.02.2022 remarked, “The Council has decided that, even though, the Hon'ble Supreme Court and High Court of Himachal Pradesh have refused to grant the similar relief(s) to the concerned petitioners, but, in all fairness the Council will comply with the Orders passed by the High Court of Karnataka and while the elections will be held, but, results will be kept in sealed cover. The Council has decided to appoint a former Chief Justice and a former Judge of a High Court to be the Observers for the said elections, though, there is neither any such requirement under the Rule nor there is any such direction of any Court to this effect. However, the said decision has been taken by the Bar Council of India in order to maintain and show the fairness and full transparency in the transaction of its business.”
A writ petition was filed by two lady Members of the Bar i.e. Ms. Pooja Gupta & Anr. under Article 32 of the Constitution before the Hon'ble Supreme Court of India against the Bar Council of India.
The Petitioner prayed for:
(a) quashing the Election Notification issued by Bar Council of India for holding the elections
of its Office-Bearers i.e. Chairman and Vice- Chairman. The Elections are fixed for 06.02.2022.
(b) reserving at least 30% seats for the women in the State Bar Councils. The Petitioners had sought a direction to the Bar Council of India to this effect.
(c) a direction against the Bar Council of India by which the Bar Council of India is planning to enhance the tenure of State Bar Councils due to ongoing pandemic situation.
(d) an appropriate Writ or Direction to abolish the Bar Council of India Trust for Promotion of Education (Legal & Professional) and Reforms in Law and For Improvement of Research and Social Training (In Short “Bar Council of India Trust-PEARL-FIRST”). The petitioners sought the direction to Bar Council of India to undertake the schemes, which are sought to be implemented through the said Trust, directly by Bar Council of India and not through the Trust created in the year 2020.
Today, a bench of Supreme Court, after hearing the Counsel for Petitioner Ms. Radhika Gautam and the Counsels for the respondent Bar Council of India and Bar Council of India Trust Mr. Sidharth Luthra, Senior Advocate, Mr. Preetpal Singh, Advocate-on-Record and Ms. Anjul Dwivedi, Advocate, was inclined to dismiss the Writ Petition saying that there was no ground to entertain the same.
Thereafter, the petitioner's Counsel made a request to the Hon'ble Court to make a representation to the Bar Council of India itself for redressal of her grievances particularly with regard to the reservation for the women lawyers in State Bar Councils. The Writ Petition was dismissed with liberty to the petitioners to approach the Bar Council of India as mentioned above.
It is to be noted that a similar writ applications were filed in Himachal Pradesh High Court and before High Court of Karnataka. The Himachal Pradesh High Court has issued notice but has refused to grant any interim relief to the petitioner. In High Court of Karnataka also another Member has filed the Writ Petition seeking the Stay of Elections (scheduled for 6 February, 2022). Vide its Order dated 01.02.2022, the High Court of Karnataka has refused to stay the holding of elections of office bearers, which as scheduled by Bar Council of India, but, the High Court has directed the Bar Council of India not to announce the results of elections and to keep the Ballot Papers under sealed cover to be produced before the High Court of Karnataka on next date of hearing, which is 18.02.2022.
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