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2009 Supreme(Kar) 296
N. KUMAR, J
K.N. Subbareddy – Appellant
Versus
Advocates Association Represented by the Secretary of the Association and Others - Respondent
Writ Petition No. 1952 of 2009
Decided on : 24-04-2009
Sri A.R. Lokesh, Advocate for Petitioner;
Sri H.P. Leeladhar, Advocate for Respondents;
Headnote:CONSTITUTION OF INDIA - Article 19(1)(a): [N. Kumar, J] Freedom of expression of the Voter - Importance of vote in Democracy - Responsibility of the new entrants to the Bar - Held, Ballot is the instrument by which the voter expresses his choice among candidates in an election. Vote is his choice. The right to vote for the candidate of ones choice is the essence of democratic polity. Casting of vote in favour of one or the other candidate tantamounts to expression of his opinion and preference and that final stage in the exercise of voting rights mark the accomplishment of freedom of expression of the voter. That is where Article 19(1)(a) is attracted. Freedom of voting as distinct from right to vote to thus a species of freedom of expression. Further, Vote is not a commodity available for sale nor the voter. Sale and purchase of vote amounts to corruption, a crime. It is unbecoming of an advocate to trade in votes. It reflects his character and conduct. Spending huge amounts do not speak good of the candidates who are contesting the election nor the advocates who are the beneficiaries of such extravaganza.-The candidates who wants to be the leaders of the Bar are setting dangerous trends which may engulf them in future. They are doing a great disservice to the new entrants of the bar and may be unknowingly ruining their bright future. The new entrants to the profession who have become members of this noble profession should come out of the atmosphere prevailing in the college campus. They must try to adopt to the requirements of the professional conduct. -They should desist from becoming prey to the vile maxim that the "end sanctified the means". On the contrary they should believe and practice in the maxim that "means justifies the end". On facts held, The Bangalore Bar is greatly shaken by the happening on 22.3.2009. It appears, all of them irrespective of their standing at the Bar, are unanimous in their opinion that, time has come for taking strong measures by way of electoral reforms to set right the working of the Association. All of them were unanimous in their opinion that the decision to cancel the election was just and proper and the monitoring Committee has no option except to cancel the election. It was a right decision. Therefore, what is needed, is an immediate overhauling of electoral process whereby elections are free from evil influence of all vitiating factors. Hence, directions are issued for proper free and fair conduct of election.
CONSTITUTION OF INDIA - Articles 226 & 227: [N. Kumar, J] Elections to Advocates Association Bangalore -Directions sought for proper conduct of elections - Total lawlessness at the election scene on 22.3.2009, the blackest day in the history of Advocates Association - Advocates fervent appeal to the Court to putdown the malpractice, ugly incident and rowdism in order to maintain the dignity and fair name of the profession, the association and its members - Held, Need of the hour is to introduce strong measures by way of electoral reforms for proper conduct of the elections. Courts suggestions to amend the bye-laws.
Kumar, J
This Writ Petition is filed seeking several directions from the Court for proper conduct of elections to the Advocates' Association of Bangalore. Notice was ordered to the Association. The Association was represented by a counsel. In fact, on coming to know of the said Writ Petition, Advocates in large number were present in Court at the time of hearing of the Writ Petition and made several submissions for proper conduct of the elections.
2. After hearing the learned members of the Bar, this Court appointed Sri. Nanjunda Reddy, Senior Counsel and Sri N.S. Prasad, Advocate, as returning officers., to take appropriate steps to conduct the elections on 22.03.2009. A Committee to monitor the elections and to resolve any dispute which may arise in the conduct of elections, was constituted by appointing Sri. B.V.Acharya, the former Chairman of the Bar Council of Karnataka and former Advocate General, as its Chairman. Directions were issued to finalise the voters list, conduct elections by using Electronic Voting Machine except to the post of Councillors of City Unit of the Advocates Association and for videographing entire process of polling. In fact, the Returning Officers suggested a Model Code of Conduct which was agreed by all the Advocates and the Code of Conduct was also adopted. Accordingly, everything was well set for conducting the elections on 22.03.2009.
3. On the date of election, there was trouble. The Monitoring Committee took a decision to cancel the polling held on 22.03.2009. Thereafter, the Chairman of the Monitoring Committee filed a report before this Court which reads as under:
REPORT
It is submitted on behalf of the Monitoring Committee as follows:-
1. That as per schedule the polling commenced at 10AM on 22-3-2009 in the City Civil Court premises. During the course of polling, following complaints were received by the committee:-
(a) A Ballot paper book pertaining to the Governing Council of the City Unit has been unauthorisedly removed and was later recovered.
(b) There were irregularities in relation to voting in the City Unit, in as much as, Ballot papers were unauthorisedly handed over to third persons for marking:
(c) That in spite of specific instructions to the contrary, the candidates/their Agents were found canvassing in the Polling area;
(d) Un-authorised persons who were not Advocates had entered the premises leading to malpractices.
(e) There were also some complaints of impersonations.
(j) There was disturbance at the place of issue of Ballot papers to the City Unit Issuance Area by way of throwing away the tables used by the Polling Officers for issuing the identifications slips.
2. Though polling went on in a normal way till about 12 Noon, thereafter, there were reports of clashes outside the polling area, vitating the peaceful atmosphere. There was also commotion both inside the outside the polling area with the candidates and their supporters entering the polling area. All the appeals and attempts by the Monitoring Committee including suspension of polling for a short duration, did not bring about the desired result i.e., normalcy for peaceful polling. In the meanwhile, the behaviour of the section of people just at the entry point of polling area became unruly.
3. Since the main complaint pertain to the ballot papers, pertaining to City, a suggestion to cancel only election to the Governing Council of the City unit was not acceptable to all concern.
In the circumstances, the Monitoring Committee after detailed discussions with all concerned, came to the conclusion that there was no alternative, but to cancel the elections held on 22-3-2009.
Sd/-
(B. V. Acharya)
Bangalore Chairman
Dated: 23-3-2009 Monitoring Committee
4. When the case was taken up for consideration on 23.03.2009, the learned Advocates who were very much agitated about what transpired on 22.03.2009 were present in good numbers in th
