Chief Justice of India Dipak Misra led Bench stayed a Patiala House Court Civil Judge’s order which allowed a temporary member who is not a member of Supreme Court Bar Association (SCBA) to vote in the lawyers body election.
The Supreme Court bar is going on poll today. The result is likely to be out by late this evening.
Granting stay on civil judge’s order, the CJI bench said “ prima- facie the order is not tenable.”
“We have never seen such order”, the Bench observed while referring to the lower court’s order “without formulating any opinion on the nature of membership of Plaintiff Advocate (Nripendra Nath Bain), defendant (SCBA President) is directed to allow the Plaintiff to cast his vote in the election scheduled on December 13.”
Mentioning on behalf of the SCBA, its Secretary Gaurav Bhatia submitted that the Civil judge’s order is contrary to the Apex Court’s judgement in B D Kaushik case in 2011.
“As per SCBA Rules, a temporary member is not entitled to vote in SCBA election under Rule 5 (v) (c) of the Rules. Temporary member is entitled to become regular member only if such temporary member makes an application before the Executive Committee giving his appearance in the Supreme Court in at least 20 matters in each year of two years period.”
The court posted the matter for 3rd week of January 2018.