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T. AMARNATH GOUD
Prashanta Kumar Pal – Appellant
Versus
Bar Council of India, Represented Through Its Secretary – Respondent
| Table of Content |
|---|
| 1. writ petition filed to challenge voter list resolution. (Para 1 , 2 , 3) |
| 2. petitioners argue inclusion of non-member in voter list. (Para 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15) |
| 3. respondents defend legality of voter list and membership. (Para 16 , 17 , 18 , 19 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33 , 34 , 35 , 36 , 37 , 38 , 39) |
| 4. court clarifies voting rights and membership conditions. (Para 40 , 41 , 42 , 43 , 44) |
JUDGMENT
1. Heard Mr. Somik Deb, learned senior counsel assisted by Mr. S. Bhattacharjee, learned counsel appearing for the petitioner. Also heard Mr. S. M. Chakraborty, learned senior counsel assisted by Mrs. P. Chakraborty and Mr. D. Bhattacharjee, learned G.A. & Mr. S. Lodh, learned counsel appearing for the respondents.
2. This present writ petition has been filed under Article-226 of the Constitution of India for directing the respondents to transmit the record, relevant to the subject matter of the writ petition for quashing the resolution dated 20.05.2022 passed by the respondent No.4 also quashing the decision of the respondent No.4 to finalize the voter list keeping the name of the respondent No.11 and the
The right to vote in Bar Association elections is governed by membership rules, not as a fundamental right, and non-compliance with enrolment requirements invalidates such rights.
The main legal point established in the judgment is that the Bar Association is not amenable to the writ jurisdiction of the High Court under Article 226 of the Constitution of India for an election ....
The Court mandates the principles of 'one advocate one vote' and 'one advocate one chamber' for Bar Associations in Delhi to ensure representative elections and proper chamber allocation among practi....
Writ petitions challenging internal elections of Bar Associations are not maintainable as they do not involve public character or duties.
Writ petitions challenging internal election disputes in associations are not maintainable under Article 226 of the Constitution.
The main legal point established in the judgment is that objections to the provisional voters list for co-operative society elections must be within the jurisdiction of the Election Officer and must ....
Writ petitions against the Registrar General must be heard by a Division Bench, and relief cannot be granted without proper jurisdiction and due process.
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.
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