'One Bar One Vote' Dispute: MP High Court Refuses To Quash Provisional Voter List For HC Bar Association Elections

The Madhya Pradesh High Court has refused to quash the provisional voter list for the election of MPHC Bar Association, Jabalpur, holding that the challenge was premature since only a provisional voter list had been published and the Returning Officer was empowered under the bye-laws to consider objections and finalize the voter list. [2026 LiveLaw (MP) 296]The decision was passed in a writ petition moved by a practising advocate seeking implementation of the 'One Bar, One Vote' rule, claiming that a practising advocate should be entitled to vote in elections of only one Bar Association, even if they are members of multiple Bar Associations. The plea sought exclusion of the names of all practitioners who are members of District Bar Association or of the Jabalpur District Bar Association or are non-practitioners or deceased.The Court however said it cannot interfere on an apprehension of the petitioner that there will be no fair and impartial elections. Observing that the provisional voter list is issued for the purpose of inviting suggestions and objections, the division bench of Justice Anand Pathak and Justice Vinay Saraf held:"Merely on the ground that earlier the objections were not considered by the then Returning Officer and elections were conducted on the basis of the defective voter list, it cannot be presumed that in ensuing elections also, the Returning Officer will not follow the provisions of the regulation and the relevant rules. The interference in the election of the Bar Association should be minimal and it is always expected from the Office Bearers, Returning Officer, Election Officers and the Members of the Association to follow and honor the prevailing rules, regulation and bye- laws". Therefore, the bench directed:"...at this stage, where only the provisional voter list has been issued, we do not deem it appropriate to interfere in the process. The petitioner is free to raise the objections in accordance with law, and if any such objections are raised by the petitioner, the Returning Officer will decide the objection by passing a speaking order before proceeding further to conduct elections". The petitioner sought a writ of mandamus directing the State Bar Council to comply with clause 38 of the Election Byelaws. The petitioner sought the constitution of a Returning or Election Committee with the most senior members and to withdraw the provisional voter list published on July 10, 2026. Advocate Amitabh Gupta, appearing for the petitioner, argued that the petitioner is enrolled in the MP State Bar Council and is a member of the MP Bar Association of Jabalpur. He wished to contest for the General Secretary post and therefore was aggrieved by the issuance of the Provisional Voter List. The petitioner alleged that the outgoing Executive Committee, which completed its term on May 23, 2026, was obligated to appoint Senior Members of the Bar as Returning Officers at least 45 days prior to the expiry of their terms. However, the Executive Committee failed to appoint the said Returning Officer till filing of this petition and meanwhile had published the provisional voter list including several advocates who are members of the District Bar Association. He also contended that the list included names of advocates who are non-practitioners or deceased. The petitioner submitted that he had sent his objections on the provisional voter list, but objections were not considered till now, and therefore he approached the High Court seeking relief. The petitioner argued that a defective provisional list was issued earlier and that at the time, objections of the Association members were not considered. The court referred to the various byelaws of the Association, BCI Certificate, Place of Practice Rules, 2015 and the case of Anmol Shrivastav v BCI [WP No.22635/2017]. It noted that the provisional voter list is to invite objections and suggestions from the members. The bench emphasized, "Provisional voter list is always issued for the purpose of inviting the objections and suggestions on the voter list and after receipt of the objections and suggestions, the competent Returning Officer will consider the same and take appropriate decision in accordance with the Rules and thereafter the final voter list will be published by the Returning Officer himself and before finalizing the voter list it is expected that the Returning Officer will call the list of Advocates from State Bar Council, those have opted in their declaration form for casting their votes in Madhya Pradesh High Court Bar Association Jabalpur and after considering all the material, the Returning Officer will finalize the voter list. The Returning Officer is empowered to finalize the voter list even as per the Bye laws of the MP High Court Bar Association (MPHBA), Jabalpur and the present petition is preferred only on the basis of the apprehension of the petitioner that there will be no fair and impartial elections". The bench in "hope that the members ...

'One Bar One Vote' Dispute: MP High Court Refuses To Quash Provisional Voter List For HC Bar Association Elections

Jayanti Pahwa

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'One Bar One Vote' Dispute: MP High Court Refuses To Quash Provisional Voter List For HC Bar Association Elections

Jayanti Pahwa

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