The Bar Council of Punjab & Haryana has dismissed a representation made by young members of the Bar claiming their right to vote in the upcoming Punjab & Haryana High Court Bar Association elections.
The lawyers were aggrieved by the Association’s rule that only advocates who have obtained membership before June 30, 2022 were entitled to vote.
The Bar Council, on considering representations by the lawyers as well as the Association, found that it could only invoke its power to adjudicate on disputes regarding voter lists of the Association till November 30.
“The present representation was made on 03.12.2022, after the last date provided in the Rule 6B() ibid thus, the Bar Council does not have the jurisdiction to decide the issue regarding voting right at a belated stage which as the potential to disturb the level playing field in the forthcoming elections,” the order said, refusing to pass any directions.
The lawyers had made a representation claiming that despite being members of the High Court Bar Association, they were not allowed to vote in the elections.
It was stated that even though they had completed a degree in the law and obtained a membership, they were deprived of voting rights.
“The applicants are before your good self with a prime grievance that despite the applicants being duly qualified members of the Bar Association, they are still being deprived of their voting right in the forthcoming elections of Punjab & Haryana High Court Bar Association,” read the representation made to the State Bar Council.
It was underscored that any member of the Bar, new or old, was at par with others. The letter further highlighted that as per the Indian Constitution, every citizen has a fundamental right to choose their representatives.
“The Bar Association, has, in an utterly arbitrary manner has introduced this unjust rule.”
On receiving this representation, the State Bar Council sought a response from the Association and held a meeting where everyone put forth their points.
The Association informed the Bar Council that as per recent amendments to the Bar Association (Constitution & Registration) Rules, a lawyer who obtains membership after June 30 will not be entitled to vote in the first annual elections.
This amendment was approved unanimously by the General House in November 2021.
Taking this submission into account and further considering the fact that the cut-off date for interference had passed, the Bar Council dismissed the representation.
[Read Order]