An advocate must transfer their enrollment to the Bar Council within whose jurisdiction they practice before contesting an election for a Bar Association.

DAYA CHAUDHARY, J.

1. The prayer in the present petition is for issuance of a writ in the nature of certiorari for setting aside impugned order dated 23.03.2018 (Annexure P-9) passed by respondent No.3, whereby nomination papers of the petitioner for the post of Joint Secretary in District Bar Association, filed for the coming elections of District Bar Association, Chandigarh scheduled for 06.04.2018, has been rejected.

2. As per case of the petitioner, she was resident of State of Rajasthan. She passed LL.B. examination in the year 1997. Thereafter, she was enrolled with State Bar Council of Rajasthan vide enrolment No.R/92/1999. Petitioner was married in the year 1999 with an Advocate who is also practicing lawyer in District Courts at Chandigarh. Petitioner started practice at District Courts Chandigarh along with her husband and became Member of Chandigarh District Bar Association. She made an application for transfer of her enrolment from Bar Council of State of Rajasthan to Bar Council of State of Punjab and Haryana and that application is still pending. All documents were supplied by Bar Council of State of Rajasthan with 'No Objection Certificate'. In the year 2017, petitioner contested election and for that, she filed nomination papers but no objection was raised at that time. The nomination papers filed on 21.03.2018 for contesting election of District Bar Association, Chandigarh have been rejected vide order dated 23.03.2018, which has been challenged before this Court by raising various grounds.

3. Learned counsel for the petitioner submits that petitioner is duly listed as voter in the voter list prepared for the purpose of election of District Bar Association, Chandigarh for the year 2018-19 and her name is at Sr. No.1150-A. Learned counsel also submits that even the membership with District Bar Association, Chandigarh has not been challenged so far. The nomination paper of the petitioner has wrongly been rejected, whereas the delay was on the part of the Bar Council of India. Her nomination papers were accepted during the election held in the last year. Learned counsel also submits that petitioner has been victimized due to ulterior motive. Petitioner is duly qualified being law graduate and is a practicing lawyer for the last 20 years. The respondent authorities are not passing the order for transfer of her name from the roll of Bar Council of Rajasthan to that of Bar Council of Punjab and Haryana, whereas all formalities have been completed. At the end, learned counsel for the petitioner submits that a great prejudice would be caused to the petitioner in not accepting the nomination papers of the petitioner for any valid reason.

4. Notice of motion was issued on 28.03.2018.

5. Mr. B.S. Rana, learned Senior counsel appearing for respondent Bar Council of Punjab and Haryana submits that the petitioner cannot contest the election as she is not enrolled with the Bar Council of Punjab and Haryana. An application for transfer was to be made within a period of six months and transfer of the name of the petitioner is to be done by Bar Council of India. Petitioner cannot take benefit of the earlier wrong, whereby she was allowed to contest the election in the year 2017. It is apparent from the impugned order dated 23.03.2018 (wrongly mentioned as 23.03.2019 in Annexure P-9) that nomination of the petitioner has been rejected on the ground that she was not enrolled with Bar Council of Punjab and Haryana and her form is in violation of Section 2 (b) and Section 6 of the Bar Associations (Constitution and Registrations) Rules, 2015 as framed by the Bar Council of Punjab and Haryana.

6. Learned counsel appearing for Bar Council of India submits that the application moved by the petitioner is under consideration and decision is likely to be taken shortly. All formalities were completed in the month of December, 2017.

7. Learned counsel appearing for District Bar Association, Chandigarh submits that not only the nominatio