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2008 DIGILAW 102 (PAT)

Advocates Association, P. H. C. v. Union Of India

2008-01-18

AJAY KUMAR TRIPATHI

body2008
Judgment 1. Heard counsel for the parties. 2. The two writ applications are by Associations of Lawyers, who are aggrieved by a communication made by the Election Commission dated 15th November, 2007 contained in Annexure-4. As a matter of policy decision the Election Commission has decided that bulk application forms for enrolment of voters for the coming graduate constituency election in the State of Bihar shall not be accepted on behalf of any N.G.O. Their contention is that keeping the past practice and indulgence granted in this regard by the Election Commission many a Associations have forwarded. Form-18 of such Advocates who are either a member of the Association in question or are on the rolls of the State Bar Council of Bihar. According to them the said communication has caused serious prejudice to the members of Bar as such because their names have not been included in the electoral rolls for the election in question. 3. After hearing the matter and submissions of several counsel this Court is not convinced that the said administrative decision or communication of the Election Commission is in breach of any fundamental right or statutory right of the lawyers. The decision of the Election Commission not to accept bulk submission of forms on behalf of the N.G.Os. has been taken with the sole object of maintaining the purity of the electoral roll. The decision is a manifestation of the past experience in such matters. The Court takes notice that many litigations in the State of Bihar have emerged alleging manipulations in the electoral roll especially in matters of election to graduate constituency. The Court to that extent is convinced that the Election Commission has committed no breach of law by taking a policy decision in the matter which is a cause of grievance on behalf of the Lawyers. 4. The Court, however, is also concerned with the fact that any lawyer whose name figures on the rolls of the Bihar State Bar Council or is otherwise member of any other association and is desirous of enrolling as a voter for the graduate constituency election should be given an opportunity to do so. The change brought out by the Election Commission cannot be faulted but based on the past practice and indulgence various associations of lawyers have already submitted these forms to the Election Commission under Form 18. The change brought out by the Election Commission cannot be faulted but based on the past practice and indulgence various associations of lawyers have already submitted these forms to the Election Commission under Form 18. During the pendency of the writ application a draft publication of the voters have already been made. From a perusal of the draft publication submissions has been made on behalf of the lawyers that more than 50% of the forms which had been submitted have made it to the draft electoral roll, the problem now is only with regard to the balance who have been left out. This Court in the given facts and taking also into consideration that steps have been taken to conduct election of the graduate constituency within a time frame, as a matter of special indulgence for this election, the Election Commission is directed to consider the applications which have been submitted in Form-18 duly certified either by the recognized Lawyers Association or the Bar Council of the State of Bihar. This Court has no hesitation in recording that authenticity of such forms requires verification at the level of the Election Commission. With a view to facilitate the same as direction is issued upon the Bar Council of Bihar to depute a person with the original registers of enrolment of such lawyers and evidence in support of the verification of the forms which have been left out for consideration and inclusion in the draft electoral roll. 5. Let it be recorded that this order shall not be treated as a precedent and is not an expression on the claim which has been made by the lawyers in the present writ application and the question of law which they had tried to raise in the same. The order in question has been passed with a limited object of facilitating participations of as many lawyers who have expressed their desire of enrolment in the voter list through Form-18 submitted through their association. 6. This writ application is disposed of with a hope that the State Bar Council shall take it upon itself to help the Election Commission in creation of electoral roll with due authenticity and purity. 7. These writ applications are disposed of with above direction. 8. 6. This writ application is disposed of with a hope that the State Bar Council shall take it upon itself to help the Election Commission in creation of electoral roll with due authenticity and purity. 7. These writ applications are disposed of with above direction. 8. Let a copy of this order be handed over to the counsel for the Election Commission as well as the Chairman, Bar Council of the State of Bihar.