BCI notifies Bar Council of India Rules (for qualification/Disqualification and produce for election and code of conduct for the elections of S.B.C/B.C.I.), 2023 [Read Notification]
BCI notifies Bar Council of India Rules – for qualification – Disqualification and produce for election and code of conduct for the elections of S.B.C – B.C.I. – TAXSCAN
BCI notifies Bar Council of India Rules – for qualification – Disqualification and produce for election and code of conduct for the elections of S.B.C – B.C.I. – TAXSCAN
The Bar Council of India (BCI) has notified the Bar Council of India Rules (for qualification/Disqualification and produce for election and code of conduct for the elections of S.B.C/B.C.I.), 2023 vide notification no. F. No. BCI:D:3429/2023 on 26th June 2023.
The rules were divided into 9 chapters included Qualifications and disqualifications, code of conduct, Procedure regarding complaint/ disputes, Procedure for removal from Membership of Bar Council, Central Election Appellate Committee/Tribunal of Bar Council of India, Mandatory Rules and Guidelines for election and counting, Consequences of Misconduct during counting, Resolution of Dispute..etc.
To be eligible as a voter in the State Bar Council elections, an advocate must be enrolled with the relevant State Bar Council and be a regular practitioner according to the Bar Council of India Certificate and Place of Practice (Verification) Rules, 2015. However, if an advocate is convicted in a criminal case or a contempt case, they will not qualify to vote in the State Bar Council elections.
It was further stated that intentionally spreading or publishing false news, engaging in propaganda by making derogatory or threatening statements with an underlying motive to defame someone's reputation (be it a judge or an advocate), or with the intention of gaining undue popularity or illicit personal benefits would be considered as misconduct. Such misconduct could lead to the disqualification of a candidate in an election or the removal of a member from any Bar Council.
Mandatory Rules and Guidelines for election and counting
As per the notification issued, the eligibility criteria for the Returning Officer require them to be either a former Judge of the High Court or a Senior Advocate. However, in the case where the Returning Officer is a Senior Advocate, the Bar Council is responsible for appointing a former Judge of the High Court as the Observer for the election. It is important to note that a Bar Council has the authority to appoint former Judges as both the Returning Officer and the Observer.
Consequences of Misconduct during counting
In the event that the Returning Officer or the Observer observes any individual engaging in acts of hooliganism, baseless protest, shouting slogans against the Returning Officer, Observer, or the counting team, their candidature may be recommended for cancellation.
Similarly, if any candidate or their representative is found causing unnecessary disturbance, obstructing the process, or engaging in physical altercations during the election or vote counting, their candidature may also be recommended for cancellation.
These recommendations, along with supporting evidence, will be submitted to the Central Election Tribunal/Committee for further consideration.
Also, any order of cancellation of candidature of any candidate shall be required to be passed by the Central Election Tribunal/Committee within 24 hours of receipt of order of Returning Officer/Observer.
It is advised to read the whole notification for more details attached below.
To Read the full text of the Order CLICK HERE
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