'Oudh Bar Must Lead By Example In Democratic Conduct': Allahabad High Court Calls For Free, Fair & Peaceful Bar Elections

The Allahabad High Court has called upon the stakeholders to ensure that the upcoming Oudh Bar Association elections are conducted in a free, fair, transparent and peaceful manner. The Court said that the Bar must set an example of democratic conduct for society.

A bench of Justice Alok Mathur and Justice Abdhesh Kumar Chaudhary observed that elections must reflect the highest standards of integrity, fairness, transparency, and mutual respect.

"The legal fraternity is expected to act as a torchbearer for society and an example for others to follow. If advocates, who are entrusted with the responsibility of upholding the Constitution and the law, conduct their own elections in a peaceful, impartial, and dignified manner, it sends a powerful message to society that differences can be resolved through lawful and democratic means", the bench remarked.

These observations were made while disposing of a suo motu PIL concerning the conduct of elections to the Oudh Bar Association at the Lucknow Bench of the High Court.

In its order, the Court reiterated its earlier directions wherein the candidates were prohibited from pasting posters, stickers and banners inside or outside the High Court premises in connection with the elections.

The Court had also prohibited candidates from taking out processions within the High Court premises or distributing food items there.

Furthermore, the Court had restrained the candidates from distributing handbills and pamphlets to members of the Bar inside the High Court compound and within a 100-meter radius outside the premises.

The bench had warned that violations could result in candidates being debarred from participating in the elections. It had added that such violations could also lead to a reference to the Bar Council for appropriate action or other action by the Court, including contempt proceedings.

Hearing the case again on October 8, the Court directed that any adverse activity noticed by the Senior Registrar should be immediately brought to the notice of the Senior Judge and the Elders' Committee, which could take appropriate action in accordance with law.

Earlier, the High Court had expressed concerns regarding the elections, particularly the defacement of its premises through election posters and other campaign material.

Pursuant to HC's September 18 order, the Senior Registrar had inspected the premises on September 28 and submitted a report identifying candidates whose posters, stickers and banners had been found pasted on walls inside and outside the Court premises.

During the hearing on October 8, Senior Advocate Mohd. Arif Khan, Chairman of the Elders' Committee, informed the Court that its directions had been substantially complied with and that most posters, banners and stickers had been removed.

In view of these submissions, the bench did not find it proper to take coercive action against the candidates identified in the report at that stage, while reserving liberty to act if the need arose in the future.

The bench underscored that the primary responsibility for conducting free, fair and transparent elections rested with the Elders' Committee and that further order was not required at that stage.

"…the elections amongst members of the legal fraternity are not merely a process of choosing office-bearers. In actual sense, it is a festival of democracy to be celebrated and most importantly gives an opportunity to uphold the very principles upon which the legal profession and our democratic society stand. As has been held in several judgments of this court as well as the Hon'ble Supreme Court, Advocates are also officers of the court and are entrusted with the responsibility of protecting the rule of law, safeguarding rights, and promoting justice", the Court remarked.

The Court also took on record Senior Advocate Prashant Chandra's submission that the Elders' Committee had sought a declaration from members of the Oudh Bar Association on the principle of "one bar one vote".

Stressing the importance of democratic conduct, the bench observed that every voter must be able to exercise their choice without fear, favour, pressure or inducement.

It said that the Elders' Committee must discharge its responsibilities impartially and candidates must respect the electoral process and its outcome while refraining from unfair practices.

The Court further observed that genuine grievances should be raised through the prescribed procedure and addressed in accordance with the applicable rules, initially through mediation and by approaching the Elders' Committee.

"Resort to a court of law, ought to be the last resort in the ensuing election", it said.

The High Court disposed of the suo motu PIL with these observations and directions.