TN Bar Council Elections: Candidates violating guidelines to be fined upto 1 lakh

With this year’s controversy-stricken State Bar Council elections looming around the corner, the overseeing authorities of the Bar Council of Tamil Nadu and Puducherry (BCTN) seem to be pulling out all stops to ensure its clean and fair conduct..In communications circulated on Monday, the BCTN authorities have issued cautionary notes to both electoral candidates as well as voter-advocates..A notice intended for election candidates has emphasised that stringent consequences await those who refuse to comply with guidelines issued by the Bar Council of India last week. Any breach of the same may be intimated to the authorities with substantive proof for disciplinary action..In particular, the following rules have been specifically mentioned i.e..“…If any candidate is found to be involved in any sort of malpractice or use of unfair means (throwing lunches, dinners, parties, bribing voters for seeking their votes), their candidatures shall be cancelled by the Observer of by the Tribunal….…The use of Hoardings, Posters and banners is/are strictly prohibited…”.Additionally, the notice reveals that a fine extending to Rs 1 lakh may be imposed on those found violating the rules. The notification reads as follows,.“Further the candidates are requested not to put up posters, banners and distribute of pamphlets inside the court campus. Kindly keep the Court campus neat, clean and eco-friendly. If any posters, banners or pamphlets are found strewn inside the Court campus, it shall lead to imposing of penalty up to Rs. 1 lakh against the candidate…and the disciplinary action will also be initiated.”.Further, Returning Officer Justice (Retd.) GM Akbar Ali has also issued a letter requesting that advocates cast votes conscientiously, in the interest of safeguarding the dignity of the legal profession..In his letter, he acknowledges the apprehensions that have surfaced regarding the conduct of the elections..“In a short period of serving as the Returning officer for the Election of Members for Bar Council of Tamil Nadu and Pudducherry, I have heard the loud cry of electoral corruption and its avatars in this election also; Lunches dinners, liquors, gifts of unimaginable items, tours to unimaginable places and the going rates of tickets to success..Whom do we blame, a few tharithra narayanans or a few, who are also entitled to wear the robe of this noble profession by law, but try to destroy its nobility. The legal profession is considered as noble. The evolution of the legal profession has reached a stage where certain advocates consider themselves above the law. This is a dangerous trait, which has to be eradicated for the good of the society.”.Justice Ali also observed that similar anguish was experienced by those who have occupied his position previously, possibly alluding to Justice (Retd,) KP Sivasubramaniam’s role as Commissioner in the last elections, held in 2011..“My predecessor Returning Officer, a highly esteemed Hon’ble Judge, after the last election, filed a report to the court with pain in his heart. Can anyone perform better than His Lordship? The answer will be a big ‘No’. Nevertheless, a Democratic process has to be completed in a fair manner.”.Ultimately, in the interest of bringing back the nobility of the profession, Justice Ali has appealed that advocates vote according to their conscience..“I am making an appeal to the Advocate/voters, this election is not like any other elections, it is an election to bring back the nobility to the profession, and therefore, I request you to vote according to your conscience.”.In the general instructions issued earlier as well, a similar appeal had been made to exercise votes according to conscience and to maintain the dignity, decorum and peaceful atmosphere in an around the polling booth. The voters were warned “not to fall prey for any malpractice or unfair canvassing, which leads to unfair voting”..Among other instructions issued, it has been intimated that advocates/voters are not permitted to carry any bag, mobile phone or other electronic device into the polling booth. Voters are also barred from disclosing, verbally or by sign, their choice of vote..Earlier this month, the Madras High Court had made an attempt to introduce more rules to ensure the clean conduct of the bar council elections. This order passed by a Bench of Justices N Kirubakaran and R Tharani was however ultimately stayed by the Supreme Court, which took a view that the order was moralistic..However, the Apex Court found it appropriate to retain the rule mandating that candidates disclose their criminal antecedents to contest elections. Accordingly, the BCTN authorities have also published a notice directing the candidates to furnish criminal antecedents, if any, in the prescribed form..Read Notice issued on February 26, 2018 here:.Read extract of Letter by Returning Officer, Justice (Retd.) GM Akbar Ali here: