N.V. Anjaria, J.

1. The petition comes up for consideration upon a note for 'Speaking to Minutes' filed by learned advocate Mr. Kavita Tanna for the petitioner.

2. It was pointed out that in order dated 20.01.2017, whereby the notice was issued in the petition, in paragraph No. 4 of the order, group of words in the 7th line of the paragraph, "It was further pointed out that on the basis of the above Ruling", were not well-placed and amounted to error of transcription. Those group of words stand deleted. The subsequent line shall remain same and read as "The Bar Council of India has passed Resolution No. 169 of 2015 where all the Bar Associations in the country are required to follow the principle of 'one bar one vote' for holding the elections to the Bar Association."

3. The note for 'Speaking to Minutes' is allowed and disposed of accordingly.

4. Learned advocate Ms. Kavita Tanna for the petitioner seeks to join Bar Council of India and Bar Council of Gujarat as party respondents as the issue involved in this petition is about holding of elections of Bar Association on the basis of the principle of 'one bar one vote'. Permission is granted. The cause-title shall be amended impleading Bar Council of India and Bar Council of Gujarat as respondent Nos. 2 and 3 respectively.

5. Heard learned advocate for the petitioner.

6. It was stated that the elections to the Bar Association of Rajkot is slated to take place on 23.01.2017 and shall get concluded on the very day. The contention of the petitioner is that the elections to the respondent Bar Association are being held in breach of the principle of 'one bar one vote'.

7. Learned advocate for the petitioner relied on decision of the Delhi High Court in P.K. Dash, Advocate & Ors. vs. Bar Council of Delhi & Ors. being Writ Petition (Civil) No. 8106 of 2010 and connected petitions decided on 31.05.2016 which is confirmed by the Supreme Court as per dismissal of Special Leave to Appeal (Civil) No. 13162 of 2016 on 05.09.2016. It was further pointed out that on the basis of the above ruling, the Bar Council of India has passed Resolution No. 169 of 2015 where all the Bar Associations in the country are required to follow the principle of 'one bar one vote' for holding the elections to the Bar Association.

8. In view of aforesaid decisions and the resolution, a prima facie case is made out for issuance of notice. Notice returnable on 2nd February, 2017.

9. As far as interim relief is concerned, it is trite principle that the elections cannot be stayed. Therefore, the stay of the elections cannot be granted. However, in the facts and circumstances of the case, in order that an irreversible situation does not arise, the result of the elections to the respondent Bar Association which is scheduled to take place on 23.01.2017 shall not be announced and shall be kept in a sealed cover subject to further orders which may be passed by the Court after hearing the parties.

10. Service by Speed Post to respondent No. 2-Bar Council of India is permitted. Direct service is permitted today.