No Procession Or Election Materials In Court Corridors, No Parties In Public Places: Allahabad HC Issues Directions For Free And Fair Election Of Allahabad District Bar Association
The Allahabad High Court has issued some directions with regard to the election of the Executive Committee of the District Bar Association saying that the election proceedings must be recorded using CCTV cameras.
The Court passed its order on a writ petition filed by two persons seeking directions in respect of the said election.
A Division Bench comprising Justice Mahesh Chandra Tripathi and Justice Prashant Kumar directed, “The entire election proceedings must be ensured under CCTV Camera. The outgoing Elders Committee, who is represented by Sri Vikrant Pandey, Advocate has also assured that full cooperation would be extended to the newly constituted Elders Committee including the release of necessary funds for conducting the election. It is further directed that the outgoing office bearers are restrained forthwith not to enter in the ongoing election process or to continue with the office and the post, which they had held.”
Senior Advocate Anoop Trivedi represented the petitioners while Senior Advocates R.K. Ojha and Amarendra Pratap Singh represented the respondents.
A writ petition was filed for a direction commanding the respondents to conduct the election of the Executive Committee of District Bar Association, Allahabad for the year 2023-24 as per the bye-laws of the Association with assistance of the Elders Committee. Further prayer was made to appoint an Observer for free and fair election during the pendency of the instant writ petition. The matter was earlier heard on October 18, 2023 and the same was then listed on November 1. On this date, the court was informed that on account of chaos and nuisance created by some faction of Advocates, the free and fair election could not be ensured.
On the said date, in spite of adequate police protection and even the City Magistrate, who was also present in response to the previous order, could not stop the nuisance created by the Advocates. In this backdrop, the court took cognizance and passed an order. The Court then listed the matter afresh on November 20.
The High Court while considering the matter said, “Today, when the matter is taken up, all the Senior Advocates have proposed and gave the names of Senior Advocates of the District Bar Association so that the Court may appoint the Elders Committee.” In this regard, the Court appointed eight members of the Elders Committee.
In its previous orders, the Court gave leave to the Elders Committee to hold the free and fair election of the District Bar Association, Allahabad and accordingly, the City Magistrate, Prayagraj was also nominated as an Observer to oversee the election, which was scheduled to take place on October 27. The entire exercise was held to be futile exercise as on the said date, a free and fair election could not be ensured.
“Accordingly, it is also submitted that three Senior Advocates may be entrusted for ensuring the free and fair election of the District Bar Association to be held under their able guidance. … We propose to appoint Sri R.K. Ojha, learned Senior Advocate, Sri Amarendra Nath Singh, learned Senior Advocate and Sri Bharat Pratap Singh, Advocate as Observers for holding free and fair election under their able guidance, which has also been voluntarily accepted by the counsel, who represents the parties”, directed the Court.
The Court on asking and confirming from the counsel for the parties the tentative date for holding election, ordered that the election shall take place on November 29, 2023.
“Much emphasis has been placed that the contesting Advocates may be restrained not to use banners, posters or wall writings or any kind of allurement directly or indirectly such as dinner, get-together etc. and the same may be strictly prohibited, which may also amount to an act of corrupt practices”, said the Court.
The Court, therefore, issued the following directions –
• No candidate or his supporter shall fix/paste any Poster, Hand-Bills, Photographs, or other election materials within the High Court Premises including the Civil Court, Allahabad (Prayagraj) and all other Courts in U.P. or anywhere in the city.
• No candidate or his supporters shall take out any procession in the corridors of the Court or premises, no slogans, or loud voices for the purposes of canvassing shall be permitted, so as to disturb the functioning of the Court.
• Use of objectionable language and any obstruction in election process by any candidate or member of the Bar will not be permitted.
• Candidates or their supporters shall refrain from lunch, dinner etc. or any kind of parties in public place for any reason whatsoever to maintain the dignity and profession till the election of the respective Bar Association is over.
• No candidate shall be permitted to disturb the functioning of the Courts in any manner whatsoever during canvassing.
• No candidate shall be permitted to use electronic or other instruments for canvassing or soliciting voters within the court premises.
• Banners, Cutouts and Posters anywhere within the court premises in U.P. or outside the court premises shall not be permitted and the candidates shall voluntarily remove such publicity material within a week.
• In case of any violation of the conduct/rules, the advocate involved shall be tried by the State Bar Council and also for contempt of court.
• Only the advocates, who bear the COP Card/Bar Association Membership Card/Bar Council Identity card, would be permitted to enter into the campus on the date of election.
Accordingly, the High Court directed the Commissioner, Prayagraj Division to ensure necessary deployment of force for any untoward incident during the election and listed the matter for further consideration on November 30.
Cause Title- Amit Kumar Nigam and Another v. State of U.P. and 3 Others
