Judicial intervention mandates correction of duplicate voter entries to uphold transparency and fairness in upcoming Bar Council elections.
The Calcutta High Court, in a significant judgment delivered by Justice Shampa Dutt (Paul) at the Circuit Bench in Jalpaiguri, has directed the High Powered Election Committee of the 12th Bar Council of West Bengal Election to undertake immediate corrective measures concerning the electoral rolls. The court's intervention comes in response to a writ petition filed by Gautam Das, who highlighted gross irregularities in the electoral rolls for the Jalpaiguri Bar Association Booth.
The petitioner alleged that the final electoral roll contained duplicate entries and included names of individuals who were not members of the Jalpaiguri Bar Association. This, according to the petitioner, violated the principle that each advocate is entitled to only one vote in the Bar Council elections, potentially skewing the election results. The court noted that such discrepancies could undermine the integrity of the election process.
In its judgment, the court emphasized the importance of transparency and fairness in elections, referencing Supreme Court precedents that underscore the necessity for free and fair electoral processes. The court mandated that the respondents revise and correct the final electoral roll to ensure no voter is permitted to cast more than one vote, thereby safeguarding the election's integrity.
The decision underscores the judiciary's commitment to upholding democratic principles in professional elections, with the court asserting its role in rectifying any executive actions that could disturb a level playing field. The court has set a deadline of March 6, 2026, for the publication of the revised electoral rolls, ahead of the scheduled election dates on March 9 and 10, 2026.
The ruling also serves as a reminder to election bodies to maintain vigilance against manipulation and ensure adherence to established election rules. The court's directive aims to prevent future allegations of electoral malpractice and maintain trust in the electoral process within the legal community.
Bottom Line:
Election rules and transparency in Bar Council elections - Gross irregularities in electoral rolls, including duplicate names and multiple voting rights, must be corrected to ensure free, fair, and transparent elections.
Statutory provision(s):
- Advocates Act, 1961
- Election Rules
- Certificate and Place of Practice (Verification) Rules, 2015
- Articles 243-O, 243-ZG, 329 of the Constitution of India
