IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.

CWPIL No. 48 of 2024 Date of decision: 18.12.2024 Abhimanyu Rathore …Petitioner Versus Bar Council of H.P. & Ors. …Respondents Coram The Hon’ble Mr. Justice Tarlok Singh Chauhan, Acting Chief Justice.

The Hon’ble Mr. Justice Satyen Vaidya, Judge.

Whether approved for reporting? No.

For the Petitioner: In person.

For the Respondents: Mr. Sunil Mohan Goel, Sr. Advocate with Mr. Raman Jamalta, Advocate, for respondent No. 1.

Mr. Dhananjay Singh, Advocate, for respondent No. 2.

Mr. Sanjeev Bhushan, Sr. Advocate with Mr. Rajesh Kumar, Advocate, for respondent No. 3.

Tarlok Singh Chauhan, ACJ (Oral)

The instant petition has been filed for grant of the following substantive reliefs:-

“i) Issue a writ of mandamus directing respondent no.1 & 2 to effectively implement the Bar Council of India Resolution no. 169/2015 date 21-09-2015 (Annexure P- 3), to introduce the "one advocate one vote" concept in the Bar Associations so as to ensure that in any given year, an advocate can vote only once in one bar association, regardless of her or his multiple bar association memberships thereof;

ii) Issue certain norms and guidelines in tune with the directions given by the Apex Court in the case of B.D.Kaushik to strengthen the Bar Associations, more specifically the legal profession, members of which are gpart of Bar Associations thereof, while invoking the plenary powers vested with High Court being the Court of record under Article 215 of the Constitution of India;

OR iii) Issue directions to incorporate the following Rule (in consonance with the judgment of Hon'ble High court of Delhi) in their Constitutions/By-laws/conditions of eligibility applicable for voting as well as candidature for any post (by whatever name called), integrating the ‘one bar one vote’ principle forthwith in relation to every bar Association in Himachal Pradesh (including the Himachal Pradesh High Court Bar Association) and all other Court/Tribunals attached Bar Associations), immediately and shall be given effect to in every election of each Bar Association hereafter:

"A member who exercises her or his right to vote in any year in the High Court or a District Court Advocate's/Bar Association election shall not be eligible to contest for any post - either as member of the executive or of an ofÏce Bearer of any other Association or to cast her or his vote at the election. Every member before casting his vote shall in the prescribed form furnish a Declaration" that she/he has not voted and is not voting in any other election of the Supreme Court Bar Association, Delhi High Court Bar Associations, any other District Court Bar Association, and has not done so in the past one year. Provided, however, that if such a declaration is found to be false, it shall entail automatic suspension of the member giving such false declaration from membership of the Association for a period of three years.

Based on the declaration of members, the Bar Association shall prepare, a list of voters. Only the members whose names are included as the final voters-after excluding those who had voted in elections of any other Bar Association in that year or the previous year, shall be entitled to vote, contest, propose and second any candidate in the Bar Association Election."

Explanation (1) The term "any other Bar Association" means any Bar Association of which the voting or contesting member is a member of other than the one in which she or he is seeking to cast his or her vote, and/or contest for any elective post.

Explanation (2) "ofÏce bearer" "member of executive committee" and "elective post” mean any position to which if the member is elected, would entail exercising decision making powers either in the capacity as holder of the post, (such as President, Secretary etc.) or as part of a collective body by whatever name called (such as executive committee, governing committee or council, etc.).

Explanation (3) "Declaration" means a declaration in the following f