Supreme Court gives effect to BCI resolution for clean Bar Council Elections [Read Order]

Adding to recent efforts made to ensure the clean conduct of this year’s controversy-stricken State Bar Council elections, the Supreme Court has directed the implementation of a Bar Council of India (BCI) resolution proposing certain cautionary rules..An order to this effect was passed on Friday by the Bench of Justices RK Agarwal and AM Sapre in the case of Ajayinder Sangwan v. BCI. Notably, the BCI had resolved to implement the following measures..Provision of CCTV cameras or video-coverage by State Bar Councils/Returning Officers for the process of polling at sensitive polling booths.Candidates found using any unfair means, corrupt practice, bribing the voters, throwing lunch, dinner parties, breakfast etc. in and around the polling booths should be debarred from contesting elections. Their candidatures will be cancelled by the Election Tribunal.Election results will not attain finality, unless the concerned Tribunal finally approves the said result after holding enquiry, if any, into any complaints made.The result will be sent for publication in the official gazette only after getting approval from the Tribunals and the BCI.The rules for declaration and publication of results detailed above will apply for the elections of Chairman, vice-Chairman, representative-Member and other posts of State Bar Councils/Bar Council of India. The BCI shall fix the schedule for the elections of these posts after getting the final approval from the concerned Tribunals and after getting satisfied with the fairness of the elections.All the disputes and complaints are to be disposed of before the publication of the result in the official gazette..Special instructions have also been issued in respect of the elections to the Bar Council of Bihar, in view of serious complaints made by some Bar Associations and Advocate Avinash Motihari..As a result, the member in-charge of the Tribunal for the State Bar Council of Bihar has been directed to appoint five Co-Observers in order to aid and assist the Observer for the State Bar Council of Bihar. The five Co-Observers will be authorized to look after the entire affairs of the elections of the State of Bihar and to report to the Observer and the Member in-charge for the State of Bihar of the Tribunal..Read Order: