Back
SUPREME COURT OF INDIA
M.R. Shah, C.T. Ravikumar, JJ.
Bar Council of India – Appellant
Versus
Prahlad Sharma & Ors. – Respondents
Petition(s) for Special Leave to Appeal (C) No(s). 23009-23011 of 2022 (Arising Out of impugned final judgment and order dated 06-12-2022 in DBSAW No. 1154 of 2022 06-12-2022 in DBSAW No. 1150 of 2022 06-12-2022 in DBSAW No. 1151 of 2022 passed by the High Court of Judicature for Rajasthan at Jaipur)
Decided On : 15-12-2022
Election - Rajasthan High Court Bar Association - Judgment and order dated 12th September, 2017 passed by the Division Bench of the High Court in D.B. (Civil) Writ Petition No. 13020/2015, modified by this Court in the case of 'Rajasthan High Court Advocates Association Jodhpur versus Bar Council of Rajasthan & Ors.' in Civil Appeal Nos. 9006-9007/2018 and law laid down by this Court in the case of 'Supreme Court Bar Association and Others versus B.D. Kaushik' reported in (2011) 13 SCC 774
Fact of the Case:
The court heard the counsel for the Bar Council of India and the contesting candidate for the Rajasthan High Court Bar Association election scheduled on 16th December, 2022. The court disposed of the special leave petitions and directed that the election shall be conducted as per the specified judgments and orders.
Finding of the Court:
The court directed that the election of the office bearers of the Rajasthan High Court Bar Association shall be conducted in accordance with the specified judgments and orders, ensuring the principle of One Bar One Vote is strictly followed.
Issues: Interpretation and application of the judgments and orders related to the conduct of the Rajasthan High Court Bar Association election, specifically regarding the principle of One Bar One Vote.
Ratio Decidendi: The court emphasized the strict adherence to the principle of One Bar One Vote and directed the Election Tribunal to ensure its implementation as per the specified judgments and orders.
Final Decision: The special leave petitions were disposed of, and the election of the office bearers of the Rajasthan High Court Bar Association was directed to be conducted in strict accordance with the specified judgments and orders.
ORDER
1. Having heard Shri Ardhendumauli Kumar Prasad, learned counsel appearing on behalf of the Bar Council of India and Dr. Abhinav Sharma, learned counsel appearing on behalf of respondent no. 1 a contesting candidate who is contesting the ensuing election, the voting of which is scheduled on 16th December, 2022, we dispose of the present special leave petitions by directing that the ensuing election of the office bearers of the Rajasthan High Court Bar Association at Jaipur scheduled on 16th December, 2022 shall be held and conducted absolutely as per the judgment and order dated 12th September, 2017 passed by the Division Bench of the High Court in D.B. (Civil) Writ Petition No. 13020/2015 and other allied writ petitions and as modified by this Court in the case of 'Rajasthan High Court Advocates Association Jodhpur versus Bar Council of Rajasthan & Ors.' in Civil Appeal Nos. 9006-9007/2018 and also strictly in accordance with the law laid down by this Court in the case of 'Supreme Court Bar Association and Others versus B.D. Kaushik' reported in (2011) 13 SCC 774.
2. It is also further directed that there shall not be breach of principle of One Bar One Vote and all precautions shall be taken/made by the Election Tribunal to see that the principle of One Bar One Vote shall be strictly followed and adhered to and that the aforesaid judgment(s) and order(s) passed by the High Court and this Court are strictly followed.
3. With this, the present special leave petitions are disposed of.
4. Pending application(s), if any, shall stand disposed of.
The principle of One Bar One Vote must be strictly followed in the conduct of the Rajasthan High Court Bar Association election as per the specified judgments and orders.
Decisions made by the Election Committee in Bar Council elections are final and not subject to review by civil courts or High Courts.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
