Enrollment transfer under Section 18 of the Advocates Act, 1961 is necessary for eligibility to vote in Bar Association elections as per Rule 6 of the Bar Associations (Constitution and Registration) Rules, 2015.

RAKESH KUMAR JAIN, J.

1. The petitioner is a practicing Advocate at Hisar who has preferred this petition to challenge the order dated 31.03.2018 passed by respondent No. 2 (Returning Officer of District Bar Association, Hisar) by which she has been informed that she is not eligible to cast her vote in the forthcoming elections for having been enrolled as an Advocate with the Bar Council of Himachal Pradesh vide enrolment No. HIM/69/1985.

2. The brief facts of this case are that the petitioner, after obtaining the Degree in Law from the Himachal Pradesh University, Shimla in the year 1985, got herself enrolled as an Advocate with the Bar Council of Himachal Pradesh, having enrolment No. HIM/69/1985. After her marriage in the year 1993, the petitioner has settled at Hisar and has started her legal practice at the District Courts, Hisar after becoming the member of the District Bar Association. It is alleged that she has been casting her vote in all the previous elections of the office bearers of the District Bar Association but in the forthcoming elections, which are scheduled to be held on 06.04.2018, she has filed her nomination papers to contest for the post of Vice-President. It is submitted that the elections schedule was given on 15.03.2018 for the election of the office bearers of the District Bar Association, Hisar for the year 2018-19 as per which the nomination papers were to be filed w.e.f. 16.03.2018 to 17.03.2018 between 11.00 A.M. to 3.00 P.M., the date for scrutiny of nomination papers was fixed for 19.03.2018 upto 3.00 P.M., the date for withdrawal of nomination papers was fixed for 21.03.2018 between 11.00 A.M. to 2.00 P.M and the date of polling is fixed as 06.04.2018 between 9.00 A.M. to 4.30 P.M.

3. Since the nomination papers of the petitioner were accepted, therefore, the petitioner started canvassing for the elections. According to respondent No. 2 there was a complaint made by some members of the Bar Association, Hansi that there are lawyers enrolled with other Bar Councils who should not be allowed to cast their votes in terms of the Bar Associations (Constitution and Registration) Rules, 2015. In view thereof, the Bar Council of Punjab and Haryana sent a letter dated 30.03.2018 to the District Bar Association, Hisar and also to respondent No. 2 on the subject of Bar Association Election 2018-2019 in which the names of various advocates were mentioned who are enrolled with the other State Bar Council. The Bar Council of Punjab and Haryana has observed that “Since prima facie, they are enrolled with other State Bar Councils, they are not entitled to be a voter under Rule 6 of the Bar Associations (Constitution and Registration) Rule, 2015 (for rule see website www.bcph.co.in), unless they get their names transferred under Section 18 of the Advocates Act, 1961 through the Bar Council of India. Therefore, their names are required to be deleted from the voter list, on due verification from the original enrolment certificate and entire voter list be re-examined in view of the above facts and also send a complete list of voters after deletion, to the Bar Council positively by 2nd April, 2018.

The returning officer of the Bar Association is further requested to conduct the election on the basis of latest revised list of voters of the Bar Association in a free and fair manner. The transparency in the election be properly maintained.

The responsibility as to authenticity of the voters list shall remain with the Returning Officer of the Bar Association.”

4. The Respondent No. 2, has submitted that in view of the aforesaid letter, the voters’ list has been revised and the names of all those lawyers who have been enrolled with other State Bar Councils than the Punjab and Haryana Bar Council have been deleted and the revised voters’ list has been submitted to the Bar Council of Punjab and Haryana on 02.04.2018.

5. The petitioner has submitted that there is not fault on her part because as a member of the Bar Asso