Calcutta HC Sets Aside Alipore Bar Association Election Notice

The Calcutta High Court, responding to a petition by a member alleging irregularities in the election process initiated by the current Bar Association executive committee, has annulled an election notice of the Alipore Bar Association.

Nevertheless, the court specified that this ruling does not prevent the existing executive committee and its office bearers from commencing fresh proceedings for the upcoming 2023-2024 elections in accordance with the law.

Justice Sabyasachi Bhattacharyya nullified the election notice of the Alipore Bar Association in the South 24 Parganas district, which was dated December 12. The petitioner, a member of the Alipore Bar Association, contended that the timeline provided for the submission of nomination papers, with the last date being December 19, was insufficient, allowing only seven days for the purpose.

The petitioner further argued that, as per the notice, the voters’ list was slated to be published on December 14 and could be obtained at a cost of Rs 5,000 each. Justice Bhattacharyya noted that for any election process, it is imperative to publish a list of eligible voters well before the commencement of the election process itself, allowing time for challenges and rectifications. He emphasized that such a list should not be released immediately prior to the election date.

Referring to a previous order by another bench of the high court in 2022, related to a different petition, Justice Bhattacharyya highlighted the importance of advance publication of the voters’ list at least one month before the elections.

The judge further observed that the time allocated for submitting nomination papers is exceedingly brief, as seven days may not be adequate for an individual intending to participate in the election, either as a voter or a candidate, to adequately prepare or make themselves available for such a purpose.