JABALPUR, India, Oct. 16 -- Madhya Pradesh High Court issued the following judgment on Sept. 15:
1. Petitioners in these petitions impugn order dated 20.11.2023, 19.10.2023, 18.11.2023, 09.12.2023 and 23.12.2023 issued by the State Bar Council of Madhya Pradesh in respect of the result of Churhat Bar Association Election, District-Sidhi on account of several disputes being raised by various individuals.
2. We note that the last election of the Bar Association was held on 16.06.2023 for a term of two years since the period is over, we deem it expedient to direct that a fresh election process be initiated and fresh election of the Bar Association be held. For the purposes of holding the election though parties have suggested different modes however, it is agreed that an Election Committee comprising of Shri Jitendra Singh, Shri Harishanker Pyasi and Shri Sudhanshu Soni be appointed to prepare the electoral role, notify the election and conduct the election of the Bar Association. The names have been proposed by the counsels appearing for the parties with consensus and were informed all the three are senior respectable members of the Bar Association.
3. In view of the above, the orders passed by the State Bar Council dated 19.10.2023, 18.11.2023, 20.11.2023, 09.12.2023 and 23.12.2023 are set aside. Shri Jitendra Singh, Shri Harishanker Pyasi and Shri Sudhanshu Soni are appointed as members of the Election Committee to finalize and notify the electoral role, the dates of election and also to oversee the conduct of election. The Bar Association as well as the staff of Bar Association shall provide full cooperation to the said committee. The Committee shall notify and conduct the election within the period of two months from today. The entire process to conduct election and declaration of result shall be completed on or before 17.11.2025.
4. With the consent of the parties, the petitions are disposed of in the following terms :
i) State Bar Council shall provide a fresh list of valid practicing advocates eligible to vote for the election in the Bar Association Churhat, District Sidhi within a period of one week from today.
ii) Election Committee of Bar Association Churhat shall display an updated list as per its record taking into account the list furnished by the State Bar Council. Said list shall be given due publicity.
iii) Objections, shall be invited to the list. Objections, if any shall be disposed of by the Election Committee appointed by this order.
iv) In case of any dispute with regard to the objections or their disposal, the same shall be decided by the Election Committee appointed herein.
v) Thereafter the final list shall be displayed and the election schedule for the date of polling etc. shall be issued by the Election Committee. Due publicity shall be given to the electoral list as well as the schedule of the election.
vi) Only eligible bonafide voters who have paid their dues before the cut off date (to be fixed by the Election Committee) shall be entitled to cast their vote.
vii) Election shall be held under the supervision of the court appointed Election Committee.
viii) In case of any dispute or objection, the same shall be referred to the court appointed Election Committee for a final decision.
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