Written by: Prashant Jaiswal (Intern)
Edited by: Anubhav Yadav (Content Head & Developer)
On 24 August, Allahabad High Court rescheduled the date of the Election of Awadh Bar Association to 25 September. The decision come after the Allahabad High Court took suo moto cognizance of the election of the Awadh Bar Association, which took place on the day before Independence Day, 14th August, in which lawyers show the unruly and indecent behaviour while the election was going on.
The Bench comprising of Justice Ritu Raj Awasthi and Justice Dinesh Kumar Singh had delivered the judgment and ordered the Senior Registrar to submit his report which includes the security and unlawful activities which had occurred during the election inside the High Court.
OBSERVATION OF COURT
- The bench held that the election of the Awadh Bar Association scheduled on August 14 was cancelled due to the unruly, undemocratic behaviour and breach of protocol by some lawyers during the election process. The Court held that candidates along with their supporters entered the polling booth and were involved in tearing the ballot papers. Some lawyers even push and misbehaved with female lawyers and one lawyer faced serious injuries which depicts the poor image of the institution in which lawyers are practicing, Court added.
- The Court while pointing out the duties of advocates observed that advocates act as court officers and public servants and play an essential role in the development and dispute processing activities. A lawyer is obligated to meet the expectation of being a member of society, worthy of confidence who acts as a vehicle of social justice.
- The Court further added lawyers play a crucial role in promoting peace by applying the law and Courts are shrines of justice and lawyers are sinister of Courts of justice who wear the garments of truth, honour and integrity. It is also said that lawyers play an indispensable part in the mechanism of administration of justice and when the lawyers engage in such unruly, indecent and undemocratic behaviour that badly shows the image of the Court in which they are practicing and lower the prestige and dignity of the respected Court.
- Thus, Court ordered that the election of Awadh Bar Association stands cancelled because of the unruly, unacceptable and rustic behaviour and violation of protocol by few lawyers which caused chaos in the premises of the High Court which forced the police officers to intervene to keep the decorum of Court.
GUIDELINES ISSUED BY COURT
- The Court issued certain guidelines to maintain the election process to be held in the near future so that purity of the democratic process will be maintained. Court ordered the U.P. Bar Council to issue the necessary circular containing the principle of ‘one Bar one Vote’.
- The Court directed the Elders Committee and Awadh Bar Association to formulate the ‘code of conduct’ for elections in reference to the guidelines issued by the court.
- The Court prohibited the distribution of pamphlets, poster and lunch packets, refreshments during canvassing and after the election and those who are found indulging in such things will be debarred from contesting the elections.
- The Court scheduled the date of the next fresh elections for Member of Awadh Bar Association on September 25 with certain conditions to be followed for contesting the election.