The Rajasthan High Court has directed the Bar Council of Rajasthan to clarify whether they plan to organize elections for all Bar Associations across the state on a single day to fully implement the “one vote one time” principle.
A division bench of Chief Justice A G Masih and Justice Sameer Jain was hearing the petitions of advocate Balram Jakhar (and Others), who were challenging the ongoing election process in the Bar Association Jaipur.
The scheduled elections for The Bar Association Jaipur are set for August 28th. According to the order of the Supreme Court, these elections are being conducted under the rules of “One Vote One Time”. This rule allows an advocate to cast only one vote. In other words, if an advocate participates in the association’s election once, they cannot vote again for the same association in the same calendar year.
The petitioners argue that the term “year” here should refer to the calendar year. On the other hand, the Bar Council of Rajasthan contends that it should be interpreted as the tenure of the association’s leadership. If elections are held in December, an advocate would still be eligible to vote in the subsequent January elections. This scenario, according to the petitioners, would negate the principle of “One Vote One Time.”
In response, the court suggested that the only feasible solution might be to hold elections for all Bar Associations in the state on the same day. This would allow advocates to choose which bar association’s elections they want to participate in.
The bench emphasized that lawyers are intellectuals and encouraged them to engage in discussions to determine the feasibility of this solution. Simultaneously, the court directed the Bar Council of Rajasthan to communicate its opinion to the court by August 24, 2023.
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