HC orders Bar bodies to form rules for polls

Acting on a recent writ petition filed by advocates seeking directives to curb the irregularities in holding elections of Bar Associations.

Acting on a recent writ petition filed by advocates seeking directives to curb the irregularities in holding elections of Bar Associations (BAs) and other malpractices affecting lawyers in the Capital,the Delhi High Court has directed the Bar Council of Delhi (BCI),the HC Registrar,the Supreme Court Bar Association and other Bar Associations of Delhi to hold a meeting and form the rules.

Pointing out that the tenure of various BAs is not fixed and the elections are conducted almost throughout of the year,counsel of the petitioners Amar Nath Saini said a BA often interferes in the election of another. Since advocates hold the membership of more than one association,they also vote in multiple elections,affecting free and fair polls to the bodies.

Rakesh Tiku,chairman of the Bar Council of Delhi,told Newsline that the need for the petition emerged in view of the disparity in the functioning of BAs. One advocate can be a member of many Bar and enjoy all facilities,but his/her voting right should be confined to one.

The petition also noted that in the absence of proper rules,many advocates have more than one chamber,while some do not have even one.

The Delhi Bar Association had also written to the High Court Chief Justice recently about false affidavits given by advocates to secure dual allotment of chambers,the petition said,seeking that advocates who sold or transferred their chamber to someone else should not be allotted a new chamber.

Saini also added that the Bar Associations of the High Court and the Saket courts are not registered yet. Stating that under the Advocates Act,1961,the Bar Councils are required to safeguard the rights and interests of the advocates on their rolls,Saini said if the councils fail to perform their duties the High Court should step in.

The Bar Council of Delhi had submitted that steps have already been taken in this regard and the council would hold a meeting in the third or fourth week of December to decide the new set of guidelines. The meeting was,however,delayed.

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It will be held on January 10. A committee under my chairmanship has been formed to look into the matter, Tiku said.

The HC has listed the matter for January 20.

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