Regulations Governing the procedure for Election Petitions and applications Before the Central Election Tribunal

REGD. No. D. L.-33004/99 The Gazette of India CG-DL-E-11102023-249306 EXTRAORDINARY PART III—Section 4 PUBLISHED BY AUTHORITY No. 696] NEW DELHI, TUESDAY, OCTOBER 10, 2023/ASVINA 18, 1945 BAR COUNCIL OF INDIA NOTIFICATION New Delhi, the 9th October, 2023 Item No. 129(G)/2023 Council Meeting dated 25.06.2023 BCI:D:5897/2023.—Regulations Governing the procedure for Election Petitions and applications Before the Central Election Tribunal/Committees of the Bar Council of India for resolution of issues relating to Election Disputes and other related matters of elections of the State Bar Councils and the Elections of Member Representatives to the Bar Council of India from the State Bar Councils. CHAPTER-I 1. Constitution and Authority of Election Tribunals for the election of Members of State Bar Council(s): - The Bar Council of India has already resolved and constituted Three Central Election Committees/Tribunals for looking into and ensuring free and fair elections of different State Bar Councils in the light of directions/observations of Hon'ble Apex Court in the year 2017. Every Tribunal as per Rules in this regard is headed by a former Hon'ble Chief Justice of High Court who is the Chairman and two other former Hon'ble Judges of High Courts as per the prescribed Rules. Past experience has shown that at many places many Advocates, who fill up the verification forms, still go missing from the list of voters, while several names are included without any verification forms. This apart, thousands of names/father names/enrolment numbers are wrongly mentioned in voter lists. Sometimes very ugly scenes are created at polling booths, at the time of election, and/or during the counting of votes. Even there are complaints of large-scale adoption of corrupt practices, distribution of money etc. for votes, and the use of posters/hoardings against the norms and Rules of Bar Council of India, which makes the candidature of a candidate liable to be cancelled/rejected. The Bar Council of India constituted the Committee(s) empowering them to adjudicate and decide such issues/disputes and also to decide/resolve all the objections, issues relating to elections right from any objection relating to electoral roll, acceptance/rejection of nomination, matters/complaints relating to adoption of corrupt practices or use of unfair means in the elections and/or to decide any sort of dispute/matter relating to election of Members of State Bar Council or Bar Council of India as the case may be. The day to day affairs of the State Bar Councils are to be looked after by the State Bar Councils only, but the orders or directions of these Tribunals/Committees will be binding on the State Bar Councils, Returning Officers and/or the Observers with regard to the process of election. The Tribunal shall have the power to address and dispose off interim matters, complaints, or other applications expeditiously in a summary manner, and it may do so without requiring a formal hearing with the involved parties, on the basis of documentary evidence before it. Additionally, the Tribunal is empowered to take cognizance of some matters suo motto and is vested with the ability to proactively initiate proceedings in certain instances, and may issue directives or orders as necessary to uphold the principles of fairness and transparency throughout the election and counting processes. CHAPTER-II 1. Definition of "The Tribunal" in Election Rules: In these rules, unless the context otherwise requires,- "The Tribunal" shall mean the Central Election Tribunal or Committee(s) constituted by the Bar Council of India vide it's Council resolution dated 21.01.2018 and other Rules of the Bar Council of India. 2. The Election Petition and Application:- (a) No complaint or matter or dispute relating to election to State Bar Council/s shall be called into question except by way of filing a complaint or an application or the election petition presented to the Election Tribunal as referred hereinunder and in such manner as may be provided for. (b) A complaint, or application or representation under whatsoever nomenclature if the same directly or indirectly relates to issue of setting aside the election as a whole either on the ground of (i) Illegal/Unlawful rejection or acceptance of a nomination form; (ii) Any illegality in the process of counting; or (iii) any illegality or irregularity in the process/procedure of election, counting of voters and/ or in declaration of result of candidates, the same shall be treated as a Election Petition. (c) The complaint(s), application/representation shall/may be filed for any other issue relating to violation of any norms/resolution or rule relating to election of Members of State Bar Council. Such complaint or Applications may be filed before the declaration of result of elections. The Tribunal shall decide whether to treat such complaints or applications as full fledged Election Petition or to take an immediate decision on such complaints or applications. (d) All proceedings in the Election Tribunal in respect of election petitions shall be preferably conducted in English or with a translator for any vernacular language being so used, being provided at the cost of the parties concerned and/or as the Tribunal may direct. 3. Document Preparation and Filing Procedures for Election Petitions: All petitions, applications, affidavits, notes, etc. including copies thereof to be filed in election petitions shall be either printed, or typed, neatly and legibly with sufficient space between lines in English, and/or translated in English, if any vernacular language is being sought to be used by any of the parties. A scanned copy of the petition etc. has to be emailed to the registered email id of the Central Election Tribunal/Election Committee. With a view to bringing uniformity about the use of paper & printing thereon and to minimizing consumption of paper & consequently, to save the environment, superior quality A4 size paper (29.7 cm x 21 cm) having not less than 75 GSM with printing on both sides of the paper with Font - Times New Roman, Font size 14, in one and half line spacing (for quotations and indents – font size 12 in single line spacing), with margin of 4 cm on left & right and 2 cm on top & bottom, shall be used in the petitions, applications affidavits or other documents to be filed. However, the applications may also be made through e-mail to the Tribunal as aforesaid. All communications from the Registry of this Tribunal shall only be sent either through the concerned Advocates-on-Record or directly to the party through e-mail followed by an SMS alert on the registered mobile number of the Advocate-on-Record and the practice of sending the communication through hard copy shall not be mandatory, subject to the direction of the Tribunal. The details of party or of his Advocate-on-Record should bear, his mobile phone number, email id, whatsapp or similar number (if using) enrolment number and AIBE CoP Number, (if applicable), Where such applications petitions etc. as aforesaid consist of more sheets than one, they shall be stitched/bound in book form. A common index shall be placed in the first volume in case there are more than one volume in a matter and a separate index of each volume shall be placed in the respective volume(s). 1 set of original papers + 3 paperbooks plus additional paper books as per number of respondents/parties, shall be required to be filed of all pleadings, applications, affidavits, notes etc before the Tribunal. 4. Presentation of Election Petitions: Election petitions shall be presented, either in person or by an Advocate duly authorized in this behalf by the party concerned, to the Secretary of the Election Tribunal (who is Secretary of the Bar Council of India) or to such other officer as the said Secretary may, with the approval of the Tribunal by special or general orders passed from time to time, appoint in this behalf. 5. Timely Filing of Election Petitions and Application/s All applications and/or every election petition shall, contain information as to the date of election of the returned candidate or if there be more than one returned candidate at the election and the dates of their election are different, the later of the two dates and shall also show that the election petition is filed within 24 hours of cause of action in pre-election issues; and within this time limit will be of thirty days in case the party seeks setting aside the entire election through an election petition. If it relates to any other issue relating to voters' list, nomination matters etc., the details shall be required to be given in the application. All the application(s) (except election petition) shall be required to be filed at the earliest and not beyond 24 hours of the time when the cause of action arises. 6. Presentation Hours and Registration: The election petition alongwith the necessary copies may be presented, at any time at the registry of the Tribunal at Bar Council of India (and/or at concerned State Bar Council, if the Tribunal is holding it's meetings at the State Bar Council/s), excluding lunch hours, from Monday to Friday and immediately after it is presented, the date of Presentation shall be endorsed thereon, and the petition shall be entered in a special register maintained for the registration of election petitions. Information about the presentation of the election petition may also be sent to the Election Tribunal forthwith by way of email at anytime. However, the applications/complaints/representations relating to any matter of election may be filed within 24 hours of the cause of action and the Tribunal is expected to resolve/decide that particular issue preferably within 72 hours of the receipt of such application. However, if the Tribunal, does not find any urgency in the matter and/or if the Tribunal deems fit that the matter is fit to be treated as a full-fledged Election Petition, then in such case (s)such petition will be treated as "Election Petition" to be decided after the declaration of result of the election of the Members of State Bar Council and of the office- bearers; However, it is for the Tribunal to decide whether the result should be published in the official Gazette during the pendency of any Election Petition or whether such publication shall await the result of the election petition. 7. Contact Information for Communication: (a) After the petition (or application/complaint) is presented, the petitioner shall ensure to furnish his address, email, phone number, where any communication relating to objections, if any in the petition, may be addressed to or served on him/informed to him, which may be removed without any unreasonable delay. (b) All applications/election petitions shall be required to accompany copies of all the supporting documents or evidence, name(s) of witnesses, if any, at the time of filing. 8. Examination of Petitions and Objections: The Registry of the Tribunal office shall further examine the petition with a view to see whether the petition is in conformity with the requirements of law and the rule applicable to the same, and if it is not in conformity with law and the rules, raise objections and intimate the Tribunal of the same. These objections should be brought to the notice of the party or the advocate on the date fixed for attendance before the Tribunal and such objections shall have to be removed by the party or the advocate concerned subject to the orders of the Election Tribunal, if any, within the time prescribed by the office or the Tribunal, as the case may be. 9. Summons and Response to Petitions: Immediately after the time fixed for the removal of objections, the Election Petition shall be placed before the Tribunal for such orders as may be required to be passed. If the petition is not dismissed, the summons, on the direction of the Election Tribunal shall be issued to the respondents to appear before the Tribunal on a fixed date (either physically or virtually) and answer the claim or claims made in the petition. In case of election petition such date shall not be earlier than three weeks from the date of the issue of the summons. The summons shall be for written statement and settlement of issue; and shall be served on the respondents in the manner provided for the service of summons which may include summons, by post, by email, by sms and or whatsapp and/or subject to the directions of the Tribunal. Best endeavour shall be made to serve the summons on the respondents as expeditiously as possible. 10. Service of Summons by Registered Post: In addition to the issue of summons as aforesaid, a summons may also be sent to the respondent to the address given by the petitioner by registered post pre-paid for acknowledgment. The petitioner may be required to furnish extra copies of the petition to be served along with the summons by registered post. The acknowledgment purporting to be signed by the opposite party or an endorsement by a postal servant when the opposite party refuses service shall be deemed to be prima facie proof of the service. 11. Furnishing Copies of Written Statements: In case of Election Petition those of the respondents who file written statements or recriminatory statements shall also furnish copies of such written statement and recriminatory statements for the use of the petitioner and other respondents, as the case may be within a period of 30 days after receipt of the petition, or earlier as may be directed by the Tribunal. Where a recriminatory statement alleges any corrupt practice, the statement shall be accompanied by any affidavit in support of the allegation of such corrupt practice and the particulars thereof. Note: The pleadings may be filed through e-mail ID prescribed by the Registry of the Tribunal and the mode of all the hearings shall be Hybrid depending on the convenience of the parties. However, the evidence (deposition and cross-examination of witnesses shall only be done through physical mode). 12. Pleadings and Discovery: After the pleadings in the election petition are received, a date shall be fixed at the direction of the Tribunal for (1) the discovery of documents: (2) inspection of the documents disclosed; and (3) the production of documents which are in the possession and power of the parties. 13. Witness List and Process Fees: Issues will then be settled and the election petition will be posted for hearing. Within sixty days of the settlement of issues, parties shall file list of witnesses and pay the process- fees and the travelling allowance and the diet allowance for those of them who are required to be summoned physically. No party shall produce or obtain process to enforce the attendance of witnesses other than those contained in the above lists: Provided that it will be in the discretion of the Tribunal to allow a party to produce witnesses in rebuttal not included in the list on such terms as it may deem fit to impose, if there are sufficient reasons to do so. 14. Summoning Witnesses: Parties shall apply for the issue of witness-summons sufficiently in time for the attendance of witnesses after service. Parties may also produce witness without a summon on the date of the hearing, provided they have filed a list of the same alongwith election petition. 15. Process Fees for Election Petition:- A sum of Rs.30,000/- shall be deposited as process fees in the account of Bar Council of India and the proof of the same shall be furnished to the Registry along with the Election Petition. The other complaints and/or applications shall be required to accompany a fee of Rs.5,000/-. The fee shall be payable to the Registrar of the Tribunal. 16. Deposits for Witness Expenses: A party applying for a summons to a witness shall be required to deposit at the time of applying for summons a sum sufficient to cover the travelling allowance and the diet allowance of the witness according to the direction of the Election Tribunal. Payment shall be made to the witness out of amounts so deposited after the witness has given evidence or he is discharged by the Tribunal. 17. Sitting Allowances and Arrangements for Committees/Tribunals: The sitting allowances of the Committees/Tribunals will be paid by the Bar Council of India for Delhi sitting(s) of Tribunal(s). However, if the meetings are to be held at State Bar Council, the State Bar Councils will make proper arrangements for their travel, accommodation and the respective State Bar Council shall pay the sitting allowances, to be fixed by the Bar Council of India. 18. If any State Bar Council fails to make proper and suitable arrangements, the expenses will be done by Bar Council of India. And for sitting at Delhi (to consider the overall situation), the expenses will be borne by the Bar Council of India. The rates of sitting allowances will be same as fixed by Bar Council of India for Inspection/D.C.'s etc. The travelling expenses of the Chairmen and Members of the Committee/Tribunal will be borne by the Bar Council of India only. 19. Transfer of Nomination Fee Funds: The State Bar Councils shall transfer twenty percent of total amount received from nomination fees of the candidates (which is all non-refundable) to the Registrar of the Tribunal or to the Bar Council of India so that these expenses could be borne. 20. CCTV Coverage and Fair Conduct at Polling Booths: The State Bar Councils/Returning Officers have to ensure to provide CCTV cameras or video-coverage for the process of polling at sensitive polling booths earmarked by the Returning Officer or Assistant Returning Officer(s) or the Observer or Co-Observer(s) or any of the Officer of Bar Council of India deputed for monitoring the election process. Such booths should be marked out in advance and/or who may be directed for such coverage by the Election Tribunal. Any candidate, if found using any sort of unfair means, corrupt practice, bribing the voters, throwing lunch, dinner parties, breakfast misuse of Social Media for spreading hatred or wooing the voters by making false statements, using threats or unlawful force upon voters etc. in and/or around the polling booths or anywhere (for getting votes) shall be debarred from contesting elections and their candidatures will be cancelled by the Tribunal. A complaint to this effect containing any of aforementioned allegations may be made either to Returning Officer, Polling Officer or any other Officer or Observer deputed for the Election purpose. The Returning Officer or the Observer or the Monitoring Authority of Bar Council of India shall hold a prima-facie enquiry into such complaint and if a prima-facie case is established, the matter shall be referred to the Tribunal. The Tribunal shall examine the materials and take the final decision and it may either dismiss the complaint or cancel the candidature of the candidate and/or the Tribunal may also issue a direction of re-polling on any particular polling booth in appropriate cases. The votes obtained by a candidate whose candidature is cancelled shall not be counted and in his ballot papers, the votes casted in favour of next preference shall be counted, treating such candidate to be eliminated from the election. The Tribunal/Committee shall have the power to approve the recommendation of the Returning Officer/Observer for cancellation of the candidature of any contesting candidate or the Tribunal/Committee, and/or if it finds sufficient material it can directly cancel the candidature of any candidate in the Election for the reasons to be recorded in writing. 28. Grounds for Declaring an Election Void: An election may be declared void for various reasons, which encompass the following grounds: (a) Qualification of Candidates: An election shall be declared void if the candidate was not qualified on the date of the election. (b) Corrupt Practices: An election may be declared void if any corrupt practice has been committed by the returning candidate, their election agent, or any person with the consent of the returning candidate or the agent. (c) Improper Nomination: An election may be declared void if any nomination has been improperly/illegally rejected. (d) Invalidation of Election Results: The result of the election, concerning the returning candidate, may be affected due to: (i) Improper/illegal acceptance of any nomination. (ii) Any corrupt practice committed in the interests of the returning candidate. (iii) Improper refusal, rejection, or reception of any vote. (iv) Noncompliance with any rules, orders, or provisions. (e) Corrupt Practices by Agents: If a corrupt practice is committed by an agent who is not the election agent without the knowledge of the returning candidate or the election agent, the Tribunal may not declare the election void. Furthermore, an election petition may also be filed to set aside the entire election based on the following grounds: (i) Any illegality in the process/procedure of counting votes. (ii) Any illegality or irregularity in the process/procedure of the election, or declaration of the results of the candidates. 29. Contents of Petition: The petition shall include: (a) Statement of facts relied upon by the petitioner. (b) Full particulars of alleged malpractice, including names of persons involved, date, and place of commission. (c) Signature and verification by the petitioner as required by the Code of Civil Procedure, 1908. (d) An affidavit supporting any allegation of corrupt practice. 30. Additional Claims: The petitioner, in addition to claiming the election of the returned candidate as void, may claim a declaration that they themselves or another candidate has been elected. 31. Trial of Election Petitions: (a) The Tribunal may dismiss the election petition if it is filed after the prescribed period, lacks necessary parties, or fails to deposit the prescribed costs. (b) Multiple petitions regarding the same election may be consolidated or heard separately based on facts. 32. Amendment of Petition: (a) Amendments to include particulars of alleged corrupt practice are allowed, except if seeking to add a corrupt practice not in the original petition. (b) Every election petition should be expedited and, if possible, continue from day to day. (c) Adjournments must be justified, and reasons recorded. The petition should be disposed of within six months, if possible. 33. Witnesses and Evidence: (a) The Tribunal has the authority to refuse witness examination if it deems unnecessary or it is likely to cause delay. (b) Documentary evidence won't be rejected due to improper stamping or registration. (c) No disclosure of the vote is required. 34. Decision of the Tribunal: The Tribunal may: (a) Dismiss the petition. (b) Declare the election of the returned candidate void. (c) Declare the petitioner or another candidate duly elected. (d) The Tribunal may declare a petitioner or another candidate elected if they would have had a majority of valid votes without corrupt practices. 35. Recording Corrupt Practices: If a corrupt practice is found, the Tribunal may record its nature and the guilty parties. 36. Effect of Void Election: If the election of a returned candidate is voided, acts and proceedings in which they participated as a member of State Bar Council or Bar Council of India remain valid. 37. Withdrawal of Election Petition: (a) An election petition cannot be withdrawn without the Tribunal's leave, communicated to all parties and published in the Official Gazette. (b) Consent of all parties is required if there are multiple petitioners. (c) Leave cannot be granted for motivated withdrawals. 38. Substitution of Petitioner: A person who could have been the petitioner may substitute within 14 days of notice publication, with approval of Tribunal and payment of costs. 39. Advocates (a) An Advocate intending to act for a party shall file a Vakalatnama signed by that party providing his address, email id, whatsapp/equivalent number, if available, enrolment number, AIBE-CoP number, if applicable. (b) All notices, processes, etc. shall be served on the Advocate at the office address or by email, whatsapp, sms at his number, given by him, unless the Tribunal otherwise directs, such service will be regarded as proper service on the party. 40. Costs: (a) The security for costs shall be paid in cash or DD to the Accounts Department or by way of online transfer to the details so provided by the Registry of Tribunal. (b) Where, pending the trial of the election petition, a petitioner is directed to give further security for costs, the amount of such further costs shall be similarly deposited. (c) The amount deposited shall be utlised for Legal Aid and Welfare of Advocates. Miscellaneous: 41. No document in any language other than English, shall be admitted in evidence unless it is accompanied by English translation which shall either be the official translation or a translation the accuracy of which is certified by an Advocate of the High Court. Costs of the translation shall be borne by the party concerned unless the Tribunal decides otherwise. 42. Continuation of Bar Council of India Uniform Rules (and Mandatory Guidelines) for the Elections of Bar Councils, 2016, and Exceptions in Light of Election Tribunal Rules and Subject to Tribunal's Jurisdiction: The Bar Council of India Uniform Rules (and Mandatory Guidelines) for the Elections of Bar Councils, 2016, gazetted on 20th September 2020, shall remain in force, except in cases where they are in conflict with or are in violation of the Rules Governing Election Petitions Before the Election Tribunal of the Bar Council of India for Election Disputes of State Bar Councils and the Election of Member Representatives to the Bar Council of India from State Bar Councils and for other posts of State Bar Councils/Bar Council of India or are contrary to directives issued by the Bar Council of India. 43. Appeal to Supreme Court An appeal may be filed within 60 days of the Tribunal's order being communicated to the party as provided under Section-38 of the Advocates Act, 1961. Note:- On earlier occasions, the petitions were filed against the order passed by the Central Election Tribunal (s) of B.C.I. only before the Hon'ble Supreme Court. 44. Seeking Tribunal's Direction in Absence of Specific Provisions: Where no specific provision is made in the procedure/rules the direction of the Tribunal may be sought The Three Central Election Tribunals/Committees: - Tribunal No. 1 1. Hon'ble Mr. Justice L. Narasimha Reddy, Former Chief Justice, Patna High Court 2. Hon'ble Mr. Justice Arun Tandon, former Judge, High Court of Allahabad 3. Local former Judge to be nominated by the State Bar Council Tribunal No. 2 1. Hon'ble Mr. Justice S. Mukherjee, Former Chief Justice, High Court of Karnataka 2. Hon'ble Mr. Justice Shivaji Pandey, former Judge, Patna High Court 3. Local former Judge to be nominated by the State Bar Council Tribunal No. 3 1. Hon'ble Mr. Justice Rajendra Menon, Former Chief Justice, High Court of Delhi 2. Hon'ble Mr. Justice M. Sathyanarayanan, former Judge, Madras High Court 3. Local former Judge to be nominated by the State Bar Council ASHOK KUMAR PANDEY, Jt. Secy. [ADVT.-III/4/Exty./478/2023-24]