Baroda Bar Association elections: Separate ballot box for advocates who have not cleared AIBE

The Gujrat High Court has held that the Baroda Bar Association elections will be held today, as per schedule. However, the Court has also held that there will be a separate ballot box for those advocates who were given provisional enrolment pending their clearing the All India Bar Examination (AIBE)..The order comes in a petition filed by advocates whose names are on the final voter’s list despite not having cleared the AIBE. These lawyers had been issued provisional certificates of practice..The question raised in the petition was whether or not they are entitled to cast their vote in today’s Bar Association elections for the year 2017-18..It was contended that the advocates who have not cleared the AIBE cannot be treated on par with those who have, and are thus not entitled to cast their votes in the election..The Bench of Justice AJ Shastri was also apprised of the fact that the Bar Council of India (BCI) has not yet issued any clarification with regard to whether provisional members who have not cleared the AIBE have voting rights..After hearing the parties, the Bench proceeded to order that the elections shall go on as per schedule. However, the verdict comes with certain interim measures in respect of voting in the elections..The Court held,.“..it is directed that the votes of those advocates who have been issued enrollment certificates in 2016 and 2017 and have not passed AIBE exam, i.e. who are holding provisional enrollment shall be permitted to cast votes separately and their votes be kept in a separate sealed ballot box by maintaining secrecy thereof. The votes of other regular advocate members be cast in other ballot box and both set of votes shall not be mixed together.”.The Court also directed members of the Baroda Bar Association to file an undertaking declaring that they have cleared the AIBE, and to produce a certificate of practice issued by the BCI. Only then will they be allowed to vote along with regular members of the Bar. As regards the others, it was held,.“The remaining who do not produce such certificate of practice or who declare that they have not passed AIBE exam shall vote separately as per the directions contained in Para.1 above.”.The Court further held that the results of the election shall not be declared until it deems it fit to do so, and has asked the BCI to clarify its stand with regard to the voting rights of the advocates who have not cleared the AIBE..Advocates Dipen Desai along with advocate Dhruv K Dave appeared for the petitioner. Advocates Manan Shah, RC Jani and Harshadray A Dave appeared for the respondents..Read order: