The failure to meet eligibility criteria for the Treasurer position based on practice years invalidated the nomination; compliance with Central Election Committee's directives is mandatory.

JUDGMENT :

S.K.Panigrahi, J.

1. The Petitioner in the present Writ Petition is challenging the non-compliance with the order dated 27.03.2024, passed by the Central Election Committee to the Election Officer of the Khordha District Bar Association. Further, the petitioner is seeking the disqualification of Opposite Party No. 4 in accordance with Rule 25 of the Khordha District Bar Association Rules , 1957.

I. FACTUAL MATRIX OF THE CASE

2. The brief facts of the case are as follows:

(i) The Secretary of the Odisha State Bar Council notified that the elections for the Office Bearers and Members of the Executive Body of affiliated Bar Associations for the year 2024-25 would be held on 30.03.2024. The elections were to be conducted on the basis of ‘one bar, one vote, one day,’ in accordance with Sub-Rule 42 of Rule 21 of the Odisha State Bar Council Rules.

(ii) The Khordha District Bar Association appointed Mr. Laxman Parida, Advocate, as the Election Officer for conducting the elections.

(iii) Pursuant to a notice dated 12.03.2024, issued by the Election Officer, candidates intending to contest for the posts of President, Vice- President, Secretary, Joint Secretary, Treasurer, Senior Executive Body Member, and Junior Executive Body Member were required to file an application before the Election Officer to obtain the nomination form. The last date for filing nominations for these posts was set as 12.03.2024.

(iv) In response to the notification dated 12.03.2024, several candidates submitted their nominations for various posts. The petitioner and Opposite Party No. 4 filed their nominations for the position of Treasurer.

(v) On 15.03.2024, the petitioner lodged a complaint before the Election Officer of the Khordha District Bar Association, alleging that Opposite Party No. 4 was ineligible to contest the election for the post of Treasurer due to having only three years of practice experience, as he had cleared the All-India Bar Examination in 2021.

(vi) The Election Officer considered the complaint and dismissed it on the ground that Opposite Party No. 4 had been included as a valid voter in the voter list issued by the Odisha State Bar Council. Accordingly, the nomination of Opposite Party No. 4 was accepted, and the petitioner’s grievance was rejected.

(vii) Aggrieved by the rejection of his complaint, the petitioner submitted a representation to the Odisha State Bar Council.

(viii) The Odisha State Bar Council, in response to the petitioner’s grievance, constituted a Central Election Committee, chaired by Member Bibhu Prasad Tripathy, with the inclusion of five other members. Upon deliberation, the Committee concluded that Opposite Party No. 4, having cleared the All-India Bar Examination only in March 2021, could only be considered a practicing advocate from that date forward. In light of this, the Committee, by an order dated 27.03.2024, communicated through a notice dated 29.03.2024, directed the Election Officer of the Khordha District Bar Association to verify whether the eligibility criteria for the post of Treasurer necessitated a minimum of ten years of regular practice. If such a ten-year requirement was established, the Election Officer was instructed to take the requisite steps to invalidate the nomination of Opposite Party No. 4, as he did not meet the stipulated eligibility criteria.

(ix) Despite the directions of the Central Election Committee, the Election Officer failed to comply with the order. The petitioner subsequently submitted another representati