BCTN passes Resolution to amend its Election Rules [Read resolution]

The Bar Council of Tamil Nadu and Puducherry (BCTN) has passed a resolution to amend the Bar Council of Tamil Nadu and Puducherry Conduct of Election Rules. The resolution proposes to insert eligibility criteria for candidates looking to stand for the State Bar Council elections..The proposed Rule 7A lays down the following qualifying conditions qua candidates standing for the Bar Council elections:.Only advocates, who have been in practice for a continuous period of 10 years as an advocate are entitled to contest in the election.The advocate should have filed at least 10 vakalats every year for the previous 5 years prior to the date of filing the nomination to be eligible to contest for any post in the Bar Council of Tamil Nadu and Puducherry. For designated Senior Advocates, the filing of vakalat is not required.Any advocate, who is punished for contempt of court is not entitled to contest for election to any post in the Bar Council of Tamil Nadu and PuducherryAny advocate, who holds an official position in any political party including the founder of the political party is not entitled to contest in the election to the post of Member of the Bar Council of Tamil Nadu and PuducherryAny advocate, who is facing disciplinary proceedings either before the State Bar Council or Bar Council of India is not entitled to contest in the election.lf charges have been framed by any court against any advocate in respect of criminal cases for an offence involving moral turpitude and attracting a punishment of three years imprisonment or more, other than offences relating to matrimonial disputes and civil disputes between family members not involving any serious offences of murder and grievous injury endangering the lift of the victim, such advocate shall not be entitled to contest.Any advocate, who has already has been elected for two consecutive terms as a Member of the Bar Council of Tamil Nadu and Puducherry will not be entitled to contest in the election..The proposed Rule 7B mandates that information proving the satisfaction of the above criteria have to be duly furnished by the candidate and verified. If the affidavit submitted to this effect is found to be false, the advocate’s nomination can be cancelled at any time by the Returning Officer/s. If it is found to be false after such advocate is elected, his election would be deemed invalid..The proposed Rule 7C lays down that any candidate found to be indulging in corruption or bribery would be liable to face summary enquiry by the Returning officer/s following which he would be suspended from contesting in Bar Council elections for a period of seven years. Besides this, he can also be suspended immediately and subjected to disciplinary proceedings under Sections 35 (1) and 42 of the Advocates Act, 1961..If approved by the Bar Council of India, these rules will take effect from January 24, 2018, when the resolution was passed..This year, the elections are slated to take place on March 28, 2013. The BCI announced the schedule for the elections last week while also appointing Justice (Retd.) GM Akbar Ali as the Returning Officer to oversee the 2018 BCTN elections..These developments follow apprehensions raised by the Tamil Nadu’s Advocate General, Vijay Narayan, of possible malpractices tainting the upcoming BCTN elections. In counter representations that followed, Special Committee members, Senior Advocate R Singaravelan and Advocate Chandrasekharan also expressed their willingness to have a retired High Court judge oversee the BCTN elections this year..A PIL was also filed in the Madras High Court, calling on the Court to appoint one or more Judge Commissioners to ensure free and fair elections. However, the matter was adjourned to be taken up next Monday after the Court sought clarification on whether it can entertain the petition, given that similar matters were pending before the Supreme Court..Read Resolution below.