In these rules, unless the context otherwise requires,—
(a) ‘Act’ means the Advocates Act, 1961, as amended from time to time;
(b) ‘advocate’ means an advocate entered in any roll under the provisions of the Act;
(c) ‘casual vacancy’ means a vacancy caused otherwise than by the expiry of the term;
(d) ‘Chairman’ means the Chairman of the Bar Council of India;
(e) ‘clear days’ means that time is to be reckoned exclusive of both the first and the last days.
Illustration.—The election of members to a State Council is fixed for the 15th January, 1965. Under the rules of the State Council, ballot papers have to be despahed 10 clear days before the date of election. Consequently the last date for the despatch of ballot papers will be 4th January, 1965;
(f) ‘Council’ means the Bar Council of India;
(g) ‘prescribed’ means prescribed by the rules;
(i) ‘Secretary’ means the Secretary of the Bar Council of India and includes any person howsoever designated and entrusted for the time being with the duties of the Secretary;
(j) ‘State Council’ means a Bar Council constituted under section 3 of the Act;
(k) ‘Vice-Chairman’ means the Vice-Chairman of the Bar Council of India.
ELECTORAL ROLL, DISQUALIFICATION OF MEMBERSHIP
AND VACATION OF OFFICE
[Rules under sections, 3 (4), 10B, 15 (2) (a) and 49 (1) (a)
and (ab) of the Act]
1. Every advocate whose name is on the Electoral Roll of the State Council shall be entitled to vote at an election.
2. The name of an advocate appearing in the State Roll shall not be on the Electoral roll, if on information received or obtained by the State Bar Council concerned on the basis of which it is satisfied that—
(a) his name has at any time been removed;
(b) he has been suspended from practice, provided that his disqualification shall operate only for a period of five years from the date of the expiry of the period of suspension;
(c) he is an undischarged insolvent;
(d) he has been found guilty of an election offence in regard to an election to the State Council by an election tribunal, provided however, that such disqualification shall not operate beyond the election next following after such finding has been made;
(e) he is convicted by an competent court for an offence involving moral turpitude, provided that this disqualification shall cease to have effect after a period of two years has elapsed since his release;
(f) he is in full-time service or is in such part-time business or other vocation not permitted in the case of practising advocates by the rules either of the State Council concerned or the Council;
(g) he has intimated voluntary suspension of practice and has not given intimation of resumption of practice;
1 [(h) he has not paid the subscription under rule 40, Chapter II, Part VI of the Rule and obtained receipt from the State Bar Council;
(i) he has incurred any disqualification mentioned in the Act or the Rules made thereunder.]
Explanation.— If an advocate who has incurred any disqualification as referred to in rule 2 and does not furnish details about it as required in the notice under rule 4 of these rules within the time specified shall be deemed to have committed an act of other misconduct as referred to in section 35 (1) of the Act.
3. Subject to the provisions of rule 2, the name of every advocate entered in the State Roll shall be entered in the electoral roll of the State Council.
4. (1) In preparing the Electoral Roll, unless the State Bar Council concerned is already maintaining a list of advocates who are entitled to be voters in terms of rule 2 of these rules, at least 150 days before the date of election, shall publish notice issued by the Secretary of the State Bar Council concerned in prescribed form in the Official Gazette and in two or more local newspapers, one English and the other in a local language, as may be decided by the State Bar Council, asking each of the advocates on the Roll of the concerned State Bar Council to intimate the State Bar Council within the time to be specified in the said notice or within such extended time as may be given/allowed by the State Bar Council for reasons to be recorded, as to whether he has incurred any disqualification mentioned in rule 2 of these rules and quote rule 2 of these rules in said notice.
(2) A preliminary electoral roll containing the names of all advocates whose names are required to be included under these rules shall be put up on the notice board of the State Council within 120 clear days before the expiry of the term of the members of the said State Council necessitating the election (and relevant portion thereof shall be sent to such Bar Associations as the Secretary considers fit):
Provided that the Bar Councils whose term of the office already expired or shall expire within 120 days from the date of commencement of these rules shall, as far as possible, publish the electoral roll forthwith and fix the elections for a date after not less than 120 clear days from the date of publication of the electoral rolls.
(3) Before final publication of the electoral roll, a State Bar Council may, if satisfied, on an application made by any particular advocate giving sufficient reasons, allow his name to be included in the Electoral Roll in question, and on such inclusion the advocate concerned shall be entitled to take part in the election.
5. The final electoral roll shall be prepared after incorporating such changes as may be necessary including the addition of the names of Advocates enrolled after the preparation of the preliminary roll and put up on the notice board of the State Council not more than 75 clear days and not less than 60 clear days before the date of election. (Intimation of such publication shall be given within a week after the publication to the Bar Associations aforesaid).
Revision of Electoral Roll
6. If for any reason the election to the State Council is postponed beyond the date of expiry of the term of its members the preliminary or the final electoral roll shall be revised so as to include there in the names of advocates enrolled up to 75 clear days before the date of the election.
Particulars to be maintained in the Electoral Roll
7. The electoral roll of the State Council shall inter alia contain the following particulars:—
(i) serial number,
(ii) number on the State Roll,
(iii) names of Advocates as on the roll, and
(iv) address of the Advocate.
Disqualification for being a Candidate in the Election
8. The nomination of any person who at the date of scrutiny thereof is subject to any of the disqualification referred to in rule 2 shall be rejected.
9. Application of these rules:
These rules shall govern elections of all State Bar Councils to be held after these rules are enforced, and all State Bar Councils holding the elections of their members shall prepare their electoral rolls in terms of these rules.
10. An elected member of the State Council shall be deemed to have vacated his office—
(a) if he is suspended from practice, or his name is removed from the roll by an order of a competent authority, or for any reason whatsoever he ceases to be an advocate,
(b) if he adjudicated as an insolvent, or
(c) if his name is transferred to the roll of another State Council.
2 [11. No elections shall be called in question for any non-compliance of the provisions of the Act or of any rules made thereunder unless the results of the election insofar as it concerns a returned candidate or candidates have been materially affected.]
Form of Notice under rule 4
It is hereby notified that for the purpose of preparing Final Electoral Roll in accordance with rules 2 and 3 of Chapter I, Part III of the Rules framed by the Bar Council of India under section 3 (4), 10B, 15(2) (a), 49 (1) (a) and (ab) of the Advocates Act, 1961, for the next election of Members to this Council, the particulars as to any of the disqualifications as referred to in clauses (a) to (g) of rule 2 shall be furnished by an Advocate who has incurred them to the State Council within the time specified in the notice issued under rule 4. (Herein below to reproduce rule 2 with Explanation).
Dated the.................................. SECRETARY
Number on the State Roll:
1. Name of the advocate as on the Roll:
(in block letters)
2. (a) Address of the Advocate:
(as on the State Roll)
(b) Present address:
3. Have you incurred any of the disqualifications mentioned in rule 2 of
Chapter I, Part III of the Rules of the Bar Council of India?
4. Are you a member of any Bar Association?
(if so give the name)
5. Where do you intend to cast your vote?
(if you are not a voter entitled to vote by Postal Ballot)
I hereby declare and affirm that the foregoing statements are true to my knowledge and I have not concealed anything thereto.
Date.............................
Signature in full.
Note. —These rules have come into effect from 1st January, 1991
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1. Sub-clauses (h) and (i) came into force w.e.f. August, 1997, vide Resolution No. 10/97.
2. Added w.e.f. 2-5-1981.
1. Whenever a State Council, or any Committee duly authorised by the State Council has credible information from any source whatever that an advocate on the roll of the State Council has obtained his enrolment under circumstances which, if established, will render his name liable to be removed by the Council under the proviso to section 26(1) of the Act, it shall be the duty of the State Council or the said Committee to enquire into the matter and report its finding to the Council.
In holding such enquiry the Council or the Committee shall hear the advocate concerned and otherwise follow the principles of natural justice.
2. In disposing of any proceedings under the said proviso, whether instituted on a report under rule 1 or otherwise, the Council may, if it considers it just and expedient, cause an enquiry into disputed questions of fact to be made by any State Council or Committee thereof or any other Committee consisting of one or more persons it may deem fit. The State Council or the Committee, as the case may be, shall follow the procedure mentioned in rule 1.
CHAPTER 1
[Rules under section 15 (2), (c), (d), (f) and (g) read with
sections 4 and 10B of the Act]
A. Election of members of the Council
1. Notice of every meeting of the Council and committees shall ordinarily be sent by the Secretary not less than 15 days before the date of the meeting except when the Chairman requires a meeting to be called on short notice on grounds of urgency. If any five or more members of the Council require in writing, a meeting to be called on short notice of not less than 10 days for consideration of specified matters, the Secretary shall convene the meeting on such date as requisitioned and the agenda for such meeting shall include matters specified by such members. No proceeding shall be invalidated merely on the ground that the rule relating to notice is not strictly complied with.
2. (1) The Notice and Agenda for the first meeting of the State Council held after the election of its members on the expiry of the term of its members elected at the previous election under section 8 of the Act may include the election of a member of the State Council to the Council under section (1) (c) of the Act.
(2) Every such election shall be held not later than 30 days after the first meeting of the State Council after election under section 8 of the Act.
3. The election of a member of the Council shall be conducted by the Secretary of the State Council who shall act as the Returning Officer.
4. A person elected as a member of the Council under section 4 (1) (c) of the Act shall cease to be such member—
(a) from the date when he ceases to be a member of the State Council as mentioned in section 4(3) (ii) of the Act;
(b) on the acceptance by the Council of his resignation.
5. (1) In the case of a vacancy in the office of the member of the Council arising for any reason mentioned in rule 4(a) of this Chapter or on account of death, intimation of the vacancy shall be given by the Secretary of the State Council to the Secretary of the Council forthwith, and
(2) The election to fill the vacancy under rule 4(a) or (b) shall be held within 30 days from the date of the vacancy.
6. (a) If the State Council does not take steps in time for the holding of the election as referred to in these Rules, and
(b) in the case of a vacancy of the member of the Council arising under section 10B of the Act,
the Secretary of the Council shall call upon the concerned State Council requiring it to elect its member to the Council within 30 days of such notice.
7. Every notice by the Secretary of the State Council fixing a date for the election of a member to the Council under these rules shall be sent not less than 15 clear days before the date fixed for the election. A copy of the said notice shall be sent simultaneously to the Secretary of the Council.
8. (1) The name of each candidate for the election shall be proposed by one member and seconded by another member of the State Council at the meeting. No member shall propose or second more than one name.
(2) If only one candidate has been duly nominated, the Returning Officer shall declare him elected.
(3) Any nominated candidate can withdraw before the voting takes place.
(4) If the number of candidates duly nominated is more than one, there shall be an election by secret ballot. The Returning Officer shall provide voting papers with the names of the candidates typed. Each voting paper shall bear the signature of the Returning Officer.
(5) A voter in giving his vote shall place in his voting paper the mark ‘X against the name of the candidate of his choice.
The voting paper shall not be signed by the voter and in the event of any erasures, obliterations or alterations in the voting papers or of the voting paper purporting to have been signed by the voter the voting paper shall be deemed to have been defaced and the vote purporting to have been given thereby shall not be taken into account for the purposes of the election. Subject to the provisions of rule 10, the decision of the Returning Officer whether the voting paper has or has not been defaced shall be final.
A voting paper shall be invalid on which—
(a) the mark ‘X is not made, or
(b) the mark ‘X is set opposite the name of more than one candidate or is so placed as to render it doubtful to which candidate it is intended to apply, or
(c) the mark ‘X and any other mark or figures are set opposite the name of the same candidate, or
(d) there is any mark in writing by which the voter can be identified.
(6) The Returning Officer shall count the valid votes immediately after the close of voting in the presence of the candidates or their nominees who may choose to be present.
(7) The candidate securing the largest number of votes shall be declared elected by the Returning Officer.
In the case of two or more candidates securing an equal number of votes, the Returning Officer shall decide the election by drawing lots.
(8) Immediately after the declaration of the result, the Returning Officer shall put the ballot papers used for voting in the election in a separate cover, have the cover closed and sealed with his signature and that of all the contesting candidates if they desire to do so.
(9) The result of the election shall be communicated forthwith to the Secretary of the Council and sent to the State Gazette or Gazettes concerned for publication.
9. (1) In case of a dispute arising out of the election, any of the contesting candidates, or any other member of the State Council, may challenge the election by a petition which shall be filed with, or despatched by registered post to the Secretary of the Council within 10 clear days of declaration by the Returning Officer of the result of the election as mentioned in rule 8(7). The petitioner shall also send copies of the petition to all the contesting candidates and to the Secretary of the State Council.
(2) As soon as possible after the receipt of the copy of the petition under sub-rule (1), the Secretary of the State Council shall send the sealed cover containing the ballot papers referred to in rule 8(8) above, and all other papers and records relating to the election to the Secretary of the Council.
10. (1) The Council may reject any petition received under rule 9, if, in its opinion, there is no prima facie case.
(2) If the Council is of the opinion that there is a prima facie case, either the Council or a Committee of the Council comprising not more than 3 members of the Council constituted therefor shall, after hearing all the parties concerned, determine the said dispute.
(3) The Council, or the Committee, as the case may be, shall have all or any of the following powers:—
(a) to dismiss the petition;
(b) to set aside the election;
(c) to declare any candidate as having been duly elected;
(d) to order a fresh election; and
(e) to make an order as to costs.
(4) A copy of the Order of the Council or the Committee may be sent to the State Councils.
(5) The State Council concerned shall cause such fresh election to be held as may be ordered under sub-rule (3) of this rule.
(6) The parties shall be entitled to obtain copies of the order or the decision of the Council or of the Committee, as the case may be, on payment of the charges, if any, prescribed therefor under the rules of the Council. The Chairman of the Council or the President of the Committee, as the case may be, may also permit copies of any other part of the record of the enquiry to be furnished on payment of such charges as may be prescribed during the pendency of the election petition.
B. Expiry of term of office of Chairman, Vice-Chairman and Members of Committees of the Council
1[11. A member of the Council elected as Chairman or Vice-Chairman or members of any Committee of the Council, shall cease to hold office as such Chairman, Vice-Chairman or member of Committee, on the expiry of his term as a member of the Bar Council of India.]
2[11A. No member shall have the right to resign from the membership of the Bar Council of India on grounds which are not considered genuine or for the purpose of sharing the terms fixed by the statute.]
C. Election of Chairman and Vice-Chairman
12. (1) (a) The election of the Chairman and Vice-Chairman shall be held at a meeting of the Council.
(b) At every such meeting for the election of the Chairman, the Vice-Chairman, if he is not a candidate, shall preside. In the absence of the Vice-Chairman, a member of the Council who is not a candidate elected by the members present, shall preside.
(c) In the case of the election of the Vice-Chairman, the Chairman, or in his absence the Vice-Chairman, if he is not a candidate shall preside.
In the absence of the Chairman and the Vice-Chairman, any member of the Council who is not a candidate, elected by the members present, shall preside.
(d) (i) The name of the candidate for the election shall be proposed by one member and seconded by another member at the meeting.
(ii) No member shall propose or second more than one name.
(iii) If only one member has been duly nominated, he shall be declared elected.
(iv) Any candidate nominated may withdraw before voting takes place.
(e) If the number of candidates duly nominated is more than one, there shall be an election by secret ballot.
(f) The Secretary shall provide voting papers with the names of the candidates. Each voting paper shall bear the signature of the Secretary.
(g) A voter in giving his vote shall place on his voting paper a mark ‘X” against the name of the candidate of his choice.
The voting paper shall not be signed by the voter and in the event of any erasures, obliterations or alterations in the voting paper, or of the voting paper purporting to have been signed by the voter, the voting paper shall be deemed to have been defaced, and the vote purporting to have been given thereby shall not be taken into account for the purposes of the election. The decision of the Chairman of the meeting whether the voting paper has or has not been defaced shall be final.
A voting paper shall be invalid on which—
(i) the mark ‘X is not made, or
(ii) the mark ‘X is set opposite the name of more than one candidate or is so placed as to render it doubtful to which candidate it is intended to apply, or
(iii) the mark ‘X and any other mark or figures are set opposite the name of the same candidate, or
(iv) there is any mark in writing by which the voter can be identified.
(v) The Secretary shall count the valid votes immediately after the close of the voting.
The member securing the largest number of votes shall be declared elected. In the case of two or more members securing an equal number of votes, the Chairman of the meeting shall decide the election by drawing lots.
1[(2) The Chairman or the Vice-Chairman shall hold office for a period of two years, or until his term of office as member of the Bar Council of India ceases, whichever is earlier.]
(3) The Chairman or the Vice-Chairman may resign his office by letter addressed to the Secretary of the Council. Such resignation shall take effect from the date of the acceptance thereof by the Council or from such other date as the Council may fix:
Provided in the eventuality of mid-term poll of the office of the Chairman or Vice-Chairman, the term shall be of the residuary term.
13. If the Chairman or the Vice-Chairman ceases to be a member of the Council for any reason, the vacancy shall be filled up by election as far as possible at the next meeting of the Council.
14. The result of the election of the Chairman or the Vice-Chairman shall be sent forthwith to the Gazette of India for publication.
D. Powers and duties of the Chairman and Vice-Chairman
15. Save as otherwise provided in these rules, and subject to the resolutions of the Council, the Chairman shall exercise general control and supervision over the affairs of the Council.
16. He shall preside over the deliberations of the Council and of all Committees of which he is a member.
17. Save as otherwise decided at a meeting of the Council or the Committee, as the case may be, he shall cause the meetings of the Council or the Committee convened at such time as he may fix. He shall also settle the items for agenda for the meetings of the Council.
18. He shall have power to pass interim orders in revisional and other matters arising out of the supervisory jurisdiction of the Council.
19. He shall have power to punish any employee of the Council by way of censure or reprimand and may initiate proceedings for suspension, removal or dismissal.
20. He shall be the authority to sanction the disbursement of salaries of the staff and to order payment of any bill outstanding against the Council.
21. The Vice-Chairman shall exercise all the powers and discharge all the functions of the Chairman in his absence and under his direction.
3[22. On a motion of "No Confidence" being passed by Bar Council of India by a Resolution passed by majority of not less than 3/4th of the Members present and voting and such majority passing "No Confidence Motion" is more than 2/3rd of the total number of Members constituting the Bar Council for the time being, the Chairman or Vice-Chairman or any other office bearer against whom the motion is passed shall cease to hold office forthwith.
Notwithstanding anything contained in the Act or the Rules made thereon, the Chairman or Vice-Chairman shall not preside over the meeting in which motion of "No Confidence" is discussed against him and such meeting shall be convened on a notice of at least one month. The Chairman or the Vice-Chairman shall have the right to vote, speak or take part in the proceeding of the meeting.]
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1. Amended by Resolution No. 83/1997, dated 10th August, 1997.
2.Added in December, 1998.
3. Added by Resolution No. 52, dated 8th November, 1998, published in the Gazette of India, Extra., Pt. II, Sec. 4, dated 26th December, 1998.
1. Every decision of the Council under the proviso to section 26(1) or under section 48A or under any other provisions of the Act shall be signed by the Chairman of the meeting at which the said decision was taken or if so authorised by any other member or the Secretary on behalf of the Council.
2. The Secretary shall send to the party or parties concerned a copy of the order free of charges.
CHAPTER X
48AA OF THE ACT
1. (1) An application for Review made under section 48AA of the Act shall set out the necessary facts and the grounds for review and be accompanied by an affidavit and the fee prescribed under these rules.
(2) A true copy of the order shall be filed along with the application.
(3) If the application for review received is in order, the Council may direct the issue of notice to the petitioner and such other person as it may consider necessary.
(4) A copy of the order on the review application shall be sent free of charge to the petitioner and the other party if any.
(5) Save as otherwise directed, the parties to whom notice has been issued may appear in person or by advocate or through authorised agent and if any of the parties fail to appear pursuant to the notice issued on any date of hearing, the Council may dispose of the application in such manner as it may think fit.
2. The procedure prescribed in the above rules in this Chapter shall apply to the extent to which they are applicable when the Council acts of its own motion.
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