Karnataka State Bar Council Election Result Subject To Outcome Of Pleas Alleging Malpractices: High Court

The Karnataka High Court on Wednesday (June 10) directed that the declaration of results of the Karnataka State Bar Council (KSBC) Elections 2026 shall remain subject to the outcome of pending petitions by contesting candidates alleging malpractices including cash bribes, pre-marked ballot papers, and bogus voting.Listing the matter on Friday, the court said in its order that in case the counting of votes is completed the results shall remain subject to the petitions. The single judge bench of Justice Suraj Govindaraj in his order directed Election Officer, Chairman of High Powered Election Committee and Bar Council of India to file their stand in the matter. It emphasized that response of BCI assumes particular significance, "having regard to the fact that the issues raised in the present proceedings concern the conduct of elections to a statutory body governing the legal profession and directly impinge upon the integrity of the institutional framework established for the regulation of advocates"."The Bar Council of India shall specifically indicate the hierarchy of authorities involved, the respective functions of the Returning Officer, Observer, Central Election Tribunal/Committee and any other authority concerned, the procedure to be followed at each stage, and the time frame within which action is required to be taken on complaints received during the electoral process. Such information would assist the Court in determining whether the statutory framework has been adhered to in the present case and whether any further directions are warranted.At the request of all counsels, relist on 12.06.2026 at 2.30 pm. In the unlikely event of the counting being completed, the results shall be subject to the result of the above petitions"In its order the court observed that in the present case there were as many as sixteen complaints received by the Returning Officer. Referring to mandate of Rule 7(Procedure regarding complaint/disputes) of BCI notification, the court said that the receipt of such complaints necessarily attracted the obligation to place the same before the Central Election Tribunal/Committee for its consideration."Whether the allegations contained in the complaints were ultimately sustainable or otherwise is a matter falling within the exclusive domain of the Central Election Tribunal/Committee. What assumes significance is that the Rule envisages that such complaints should be subjected to scrutiny by the competent forum designated under the Bar Council of India Notification and not be dealt with in a manner inconsistent with the procedure prescribed therein.Prima facie, therefore, compliance with the procedure prescribed under Rule 7 assumes considerable importance, particularly in a case where multiple complaints relating to the conduct of the election were admittedly received. Since the Rule constitutes a self-contained mechanism for the examination and adjudication of election-related complaints, adherence thereto is essential for preserving the integrity of the electoral process and ensuring that all stakeholders have confidence in the fairness and legality of the election," the court said. The court said that Elections to the State Bar Council are not elections to a single office or post but are elections to a representative body comprising multiple members. It said that in such a system, every preference expressed by a voter assumes significance, and the exclusion of a candidate at any stage may materially affect the electoral prospects of all remaining candidates.It is therefore evident that a decision under Rule 7 is capable of producing consequences extending far beyond the individual candidate against whom the complaint is made. The cancellation of a candidature may alter the entire matrix of vote distribution and preference transfers and thereby impact the electoral prospects of several other candidates. It thus said that Rule 7 entrusts the decision-making function to the Central Election Tribunal/Committee, incorporates the requirements of natural justice, and mandates the recording of reasons. Due to far-reaching ramifications that may flow from the cancellation of a candidature, the strict adherence to the procedure prescribed under Rule 7 assumes critical importance and cannot be treated as a mere procedural formality, the court said. The court said that there was no material placed before the court indicating that the Central Election Tribunal/Committee has considered the complaints or taken any decision thereon."In the absence of such material, this Court is unable, at this stage, to ascertain whether the procedure prescribed under Rule 7 has been duly complied with" the court said.The high court also referred to Bar Council of Delhi elections where complaints concerning the electoral process were raised. The Supreme Court had in May stayed further counting of votes in the Bar Council of Delhi elections after allegations of serious irregularities, including claims that tampered...

Karnataka State Bar Council Election Result Subject To Outcome Of Pleas Alleging Malpractices: High Court

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Karnataka State Bar Council Election Result Subject To Outcome Of Pleas Alleging Malpractices: High Court

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