Returning officer told to stop Bar Assn poll process

Rajneesh Lakhanpal

Legal Correspondent

Ludhiana, December 4

The Bar Council of Punjab & Haryana has annulled the ongoing election process to conduct annual elections of the District Bar Association (DBA), Ludhiana, on December 16. It has directed Returning Officer (RO) Kamaljit Sharma to stop the election process.

In its order, the Bar Council said: “It has come to the notice of the Bar Council that the Returning Officer is continuing with the election process. The Bar Council has already given an undertaking before the Apex Court to reschedule the election process for the elections of the DBA, Ludhiana, owing to incomplete/faulty voters’ list. The president and other office-bearers, with the able assistance of entrusted Bar members, have already begun with the preparations for fresh voters’ list, as per Rules 2015, BCI Orders”.

“Thus, the RO is directed not to proceed further with the election process till the electoral roll is finalised, strictly as per Rules 2015, BCI Orders, and election notice, above all as per the undertaking given before the Supreme Court of India. As the earlier election process stands annulled, the rescheduled election programme (only for the DBA, Ludhiana) will be published immediately after the finalisation of the voters’ list,” the order says.

The Bar Council has also directed the DBA president and other concerned to complete the process of preparing the fresh voters’ list at the earliest so that election process might not be delayed.

A few days ago, city lawyer Sukhwinder Bhatia, through his lawyer Kuldeep Sood, had knocked the door of the Supreme Court with a request to stay the elections as the voters’ list was not finalised by Bar Council.

The Bar Council of Punjab & Haryana has submitted before the Supreme Court that it had received the voters’ list on November 30. It also received objections to the voters’ list. In view of this, the elections scheduled for December 16 would be required to be re-scheduled to facilitate a proper voters’ list being made available.

After this development, the Apex Court posted the matter to be listed in the first week of January 2023.

Meanwhile, 23 aspirants flanked by their supporters had already filed their nomination papers. During scrutiny, the nomination papers of all the contestants were found in order.

The order reads

“The Returning Officer is directed not to proceed further with the election process till the electoral roll is finalised, strictly as per Rules 2015, BCI Orders, and election notice, above all as per the undertaking given before the Supreme Court of India. As the earlier election process stands annulled, the rescheduled election programme (only for the DBA, Ludhiana) will be published immediately after the finalisation of the voters’ list,” the order says.

Prepare list at the earliest

The Bar Council also directed the District Bar Association president and other concerned to complete the process of preparing the fresh voters’ list at the earliest so that election process might not be delayed.