In exercise of the powers conferred by section 15
of the Advocates Act (Act No. XXV of 1961), the Bar Council of Uttarakhand
makes the following rules:- These rules shall be called the Bar Council of
Uttarakhand Election Rules 2014 and they shall come into force from the date of
their approval by the Bar Council of India. These rules shall be subject to the rules made by
the Bar Council of India under the powers vested in it by the Act. In these rules; unless the context otherwise
requires: (a) "Act" means the Advocates Act, 1961. (b) "Advocate General" means the Advocate General for the State of
Uttarakhand. (c) "Bar Association" means a Bar Association registered under the
Indian Societies Act, 1860 and also affiliated by the State Bar Council in
accordance with the rules framed by the State Bar Council for the purpose of
these rules. (d) "Bar Council" means the Bar Council for the State of
Uttarakhand. (e) "Casual Vacancy" means a vacancy that has been caused
otherwise than by the expiry of the term of office of a member. (f) "Chairman" means the Chairman of the Bar Council of the State
of Uttarakhand. (g) "Clear days" means that time is to be reckoned exclusive of
the first day. (h) "Continuing candidate" means any candidate not elected and not
excluded from the poll at any given time. (i) "Count" means- (a) All the operations involved in the counting of the first preference
recorded for candidates. (b) All the operations involved in the transfer of the surplus of an elected
candidate, or (c) All the operations involved in the transfer of the total value of votes
of an excluded candidate, or (d) All other operations involved in, incidental to; or necessary for the entire
process as certainment of votes. (j) "Electoral Roll" means and includes the roll containing the
names of the Advocates prepared in accordance with the rules of the Bar Council
of India in Part III, Chapter 1. (k) "Exhausted paper" means a voting paper on which no further
preference is recorded for a continuing candidate includes a paper voting on
which; (a) The names of two or more candidates, whether continuing or not are
marked with the same figure and are next in order of preference, or (b) The name of the candidate next in order of preference whether continuing
or not, is marked by a figure not following consecutively after some other
figure on the voting paper or by two or more figures; or (c) There is such effacement, obliteration, erasure or mutilation as to make
any preference other than the first preference ambiguous. (l) "First Preference" means the figure "1" set opposite
the name of a candidate. "Second Preference" means the figures
"2" set opposite the name of a candidate' and "third
preference" means the figure "3" set opposite the name of a
candidate and so on in "Hindi, English or Roman" in numerical
figures. (m) 'Form' means a form prescribed under these rules. (n) 'Original Vote' in relation to any candidate, means a vote derived from
voting paper on which a first preference is recorded for such candidate. (o) 'Presiding Officer' means a person appointed as such by the Returning
Officer and Polling Officer means a person appointed by the Returning Officer
or by the Presiding Officer to assist him. (p) 'Returning Officer' means the person appointed by the Bar Council of
Uttarakhand as such to conduct an election'. (q) 'Surplus' means the number by which the value of the votes, original and
transferred, of any candidate exceeds the quota; (r) 'Transferred Vote' in relation to any candidate means a vote, the value
or part of the value of which, is credited to such candidate and which is
derived from a voting paper on which a Second or a subsequent preference is
recorded for such candidate. (s) 'Unexhausted paper' means a voting paper on which a further preference
is recorded for a continuing candidate; (t) 'Voter' means a person whose name is included in the Electoral Roll of
Bar Council of Uttarakhand. (u) 'Enrolment number' means the number at which the name of an Advocate is
entered in the roll of Advocates maintained by the Bar Council of Uttarakhand. (v) 'Quota' means the lowest value of votes sufficient to secure the return
of a candidate. (w) 'Electoral Roll' means the list of voters prepared district wise under
the rules. (x) 'Secretary' means the Secretary of the Bar Council of Uttarakhand or any
other person appointed by the Bar Council of Uttarakhand to perform the duties
of the Secretary. Election of members to the Bar Council of
Uttarakhand shall be held at each Dist. Head Quarter and at out line Civil
Court except Nainital where it shall be at the High Court or at such place or
places, on such date or dates and during such hour or hours as the Council may
fixed. Different dates and different hours may be fixed for polling at
different places, provided that a Returning Officer at his discretion may make
necessary changes in the place and date of polling. (i) Election to the Bar Council shall be by the single transferable vote by
and amongst the voters in the electoral roll in accordance with these rules. (ii) The voting shall be done by personal ballot. (iii) The Ballot paper shall be issued only on production of Identity card or
enrolment Certificate issued by the Bar Council of Uttarakhand if in case no
photographs is affixed on the certificate of Bar Council of Uttarakhand then
the ballot paper shall be issued only on the production of the following
documents along with the registration certificate. (a) Pan card. (b) Bank Pass Book containing photograph. (c) Voter Identity Card issued by the State Government. (d) Driving License. (a) Notice of the time and place of election shall be given by publication
under the signature of the Secretary, in the issue of a daily newspaper in the
State not less than 60 clear days, before the date of election. The
notification shall specify inter alia:- (i) the dates for nominations; (ii) the dates for scrutiny; (iii) the dates for withdrawal of the candidature; (iv) the date or dates for polling. (v) the last date on which the nomination papers dispatched by post should
reach the Secretary. (vi) The date and place and time for counting of votes; and (vii) the minimum number of seats that should be filled from amongst advocates
who on the relevant date will have been on the State roll for at least 10
years. Provided that the last date for the filing of the
nomination shall not be less than 35 clear days before the date of the election
and that there shall be at least 5 clear days after the last date of the
scrutiny for withdrawal of the candidature. Copies of the notice shall be
affixed on the notice board of the Bar Council, and sent to the Advocate
General and to the Different Bar Associations of the State. (b) Copies of the above notice shall be put up on the notice board of the
Bar Council and sent to (i) Bar Associations, and (ii) the Advocate - General and (iii) shall also be sent to the official gazette of the State for publication. No person shall be entitled to seek election unless
his name is in the electoral roll of the State Bar Council. Nomination: (i) Every candidate for election as a member of the Bar Council of
Uttarakhand shall be proposed under the signature of two voters on Form No. 1
prescribed by the Bar Council of Uttarakhand which shall be delivered to the
Secretary by the proposer of the candidate, personally or sent per post or by
messenger so as to reach the Secretary on or before the date fixed for
nomination. Such proposal shall further contain the acceptance of the candidate
to serve on the Council. A voter shall not be entitled to propose more
candidates than the number of seats to be filled in. (ii) Such nomination shall be accompanied by a deposit of Rs. 30,000/-
(Rupees Thirty Thousand) only, and this deposit shall be made to the Secretary
in cash or Bank Draft and for such deposit a receipt shall be issued in Form E. Provided that if there are more proposals in
respect of a candidate, single deposit of Rs. 30,000/- shall be sufficient. (iii) The amount of deposit shall be credited to the fund of the Bar Council
of Uttarakhand which is not refundable except in case of- (a) Withdrawal of candidates within the prescribed time or (b) If the nomination of a candidate is rejected or (c) If a candidate dies before the commencement of the poll. Provided further that, the deposit of each
candidate contesting the election, shall stand forfeited, in case of his
failure in election. Whereas the deposit of successful candidates will be
refundable to them. (iv) A candidate shall not be eligible for nomination, if he suffers from any
disqualification as laid down in the rules framed by Bar Council of India in
part III Chapter I as specified in 'Appendix 1' to these rules. The Secretary shall scrutinize the nomination
papers received at the place and time notified under Rule 6 and if in his
opinion any nomination paper is invalid, he shall report the same to Returning
Officer and in his absence to the Advocate-General who shall decide the
validity or otherwise of such nomination paper, and his decision shall be
final. The candidates or their agent shall be entitled to be present both at
the time of the scrutiny before Returning Officer or the Advocate-General and
make their submissions. No nomination paper shall be rejected except for a
defect of a substantial character. In other cases the Returning Officer or the
Advocate-General may allow any defect to be rectified. Any person whose name has been proposed as a
candidate may withdraw his candidature in person in writing before the
secretary not later than the date specified for the purpose in the notification
under rule 6. If the number of duly nominated candidates who have
been on the State rolls for more than 10 years is less than or equal to the
number required by the provision to section 3(2)(b) of the Act, they shall be
declared elected. The number thus elected shall be deemed to be the number
required by the said proviso. If the number of such candidates is in excess of
the required number but the number of all the nominated candidates does not
exceed the total number to be elected, all the candidates shall be declared. In
every other case there shall be a poll as prescribed by these rules. (a) Not less than 20 clear days before the date fixed for elections the
Secretary shall publish the names of all the candidates, validly nominated
except the names of those who have withdrawn under rule 10 as nearly as
possible in Form 'B' on the notice board of the Bar Council. (b) Copies thereof shall also be sent to the Advocate General and to the
Different Bar Association of the State. (c) In case any candidate whose nominate has been accepted by the Returning
Officer/Advocate General dies before Polling it shall not effect the Election
except where by the Death of such candidate condition of Rule 11 as Stated
above in full filled. (i) The Secretary shall prepare a list of each District consisting of the
names and enrolment numbers of all Advocates, who have paid the subscription
under Rule 40. Chapter - II, Part VI of the Rules and obtained receipt from the
State Bar Council of Uttarakhand whose names are entered and maintained under
Section 17 of the Act along with their respective addresses unless disqualified
under the rules framed by the Bar Council of India. (ii) Upon the application of any such voter received at least 75 clear days
before the date of polling his address may be altered in the manner specified
in the application. (iii) The electoral roll of the State Council shall inter-alia contain the
following particulars. (a) Serial number (b) Number in the State roll (c) Name of Advocate as on the roll (d) Address of the Advocate. The voting papers shall contain the names of all
the candidates. The address of the candidate and the date of his enrolment as
an advocate as in the roll shall be given against the name of each candidate.
An asterisk mark shall be put against the name of candidates who on the
relevant date have been on the State roll for at least 10 years for the purpose
of proviso to section 3(2)(B) of the Act. The voting papers shall also bear on
it the facsimile of the 'Returning Officer's signature. It shall state the
total number of the candidates to be elected. The voting paper shall be as
nearly as possible be in the Form 'C'. Voters required to vote in person under these rules
shall cast their votes at the respective polling booths on the dates notified
in this behalf. (i) There may be one or more polling booths at each place. Different dates
may be fixed for polling at the different booths. Polling shall ordinarily be
from 10 A.M. to 5 P.M. The Returning Officer shall appoint sufficient number of
Polling Officers for the booths and may him self act as such at one or more of
the booths. (ii) Bar Council of Uttarakhand may give such general direction as it may
consider necessary with regard to maintenance of secrecy of the ballot papers
and the places where polling booths ought to be established and the persons to
be appointed as presiding Officers. (iii) The Presiding Officer will see, manage and ensure the Secrecy of the
Ballot papers and its maintenance on the polling Booths. When a voting paper has once been handed over to a
voter, a second voting paper shall not be issued to him. The Returning Officer shall send to the Presiding
Officer of the booths requisite number of voting papers and some additional
voting papers bearing his facsimile with a covering letter starting the number
of the papers sent and enclosing an extract from the electoral roll in
Duplicate relating to the polling booth, and other papers, if any with
necessary instructions. All the voting papers shall be serially numbered. The Presiding Officers shall on the date and at the
time or hour fixed in this behalf, supply a voting paper to each voter in his
polling booth, who appears in person and fulfill the condition of rule 5(III)
and after taking his signature in the list of voters against the voter's name
to signify the issue of the voting, paper. (1) Every voter shall have only one vote at the election irrespective of the
number of seats to be filled. (2) A voter in giving his vote shall place on his voting paper the figure
'1' in the space opposite the name of the candidate whom he chooses for his
first preference, and may in addition place on his voting paper the figure '2'
'3', and '4' and so on, in the opposite the names of the other candidates in
the order of his preference. The maximum preferences shall be the number of
seats otherwise the voting paper shall be invalid. (3) A voting paper shall not be signed by a voter. Any voting paper
containing any erasures, obliterations, overwriting and alterations or the
signature of a voter shall be deemed to have been defaced and no votes
purporting to have been given thereby shall be taken into account for the
purpose of the election. (4) The decision of the Returning Officer as to whether a voting paper has
or has not been defaced shall be final. A voter to whom a voting paper has been supplied by
the Presiding Officer shall after voting personally return to him the voting
paper in the enclosed envelope supplied to him and the Presiding Officer shall
then place it in the big envelope. A voting paper shall be invalid on which. (a) The figure '1' is not marked: or (b) The figure '1' is set opposite the name of more than one candidate or is
so placed as to render it doubtful to which candidate it is intended to apply;
or (c) The figure '1' and some other figures are set opposite the name of the
same candidate; or (d) There is any mark in writing by which the voter can be identified; (e) A voting paper in which the preferences are indicated in words as 'one'
'two' etc. (f) The marking on the voting paper is not in the international form of
Indian numerals, in Hindi, English or Roman. At the time of counting, the candidate or his agent
shall be entitled to be present. On the day fixed for counting. Returning Officer
shall open all the envelopes and after rejecting the voting papers, which are
invalid, or which can not be taken into account shall. (a) Arrange the remaining voting papers according to the first preference
recorded for each candidate. (b) Count and record the number of papers in each envelope. (c) Credit to each candidate the value of papers in his parcel. Every voting paper shall be deemed to be of the
value of one hundred and the quota sufficient to secure the return of a
candidate at the selection shall be determined as follows:- (a) Add the value credited for a candidate under clause "(c) of rule
24". (b) Divide the total by a number which exceeds by one of the number of seats
to be filled; and (c) Add one to the quotient, ignoring the remainder if any; the
resulting number is the quota. If at the end of any count, or at the end of the
transfer of any parcel or sub parcel of an excluded candidate, the value of
voting papers credited to a candidate is equal to or greater than the quota
that candidate shall be declared duly elected; Provided that: (i) No candidate who has not been an advocate on the State Roll for at least
10 years shall be elected if 12 candidates of less than 10 years standing have
already been declared elected. Because the total members to be elected are 25
in number. (ii) If at the end of any count, there are two or more candidates, who have
not been on the State Rolls for at least 10 years, getting more than the quota
as aforesaid but the number of candidates that can yet be elected from such
category under the above proviso is less than that number the candidate who has
obtained the greater value of votes shall be declared elected in preference to
the candidate whose value of votes is less. (iii) In the case of two or more persons of the category referred to in
proviso (ii) above, getting the same value of votes at the end of any count,
the Returning Officer conducting the election shall decide by lot which of such
persons shall be declared elected. (iv) The other candidate or candidates not declared elected as aforesaid by
reasons of the proviso to Section 3(2)(b) of the Act and these rules shall be
excluded from the poll. (i) If after exclusion of any candidate under rule 28 at the end of any
count, the value of the voting papers credited to a candidate is greater than
the quota, the surplus shall be transferred in accordance with the provisions
of this rule to the continuing candidates indicated on the voting papers of
that candidate as being next in order of the voter's preference. (ii) If more than one candidate has a surplus, the surplus shall be dealt
with first and the others in order of magnitude. Provided that- Every surplus arising on the first count shall be
dealt with before those arising on the second count and so on. (iii) Where there are more surpluses than one to distribute and two or more surpluses
are equal regard shall be had to the original votes or each candidate, and the
candidate for whom more original votes are recorded shall have his surplus
first distributed and if the value of the original votes is equal, the
Returning Officer shall decide by lot which candidate shall have his surplus
first distributed. (iv) (a) If the surplus of any candidate to be transferred arises on the
original votes only, the Returning Officer shall examine all the papers in the
poll belonging to that candidate, divide the unexhausted papers into
sub-parcels according the next preference recorded there on and make a separate
sub-parcel of the exhausted papers. (b) The Returning Officer shall ascertain the value
of the papers in each sub-parcel and of all the unexhausted papers. (c) If the value of the unexhausted papers is equal
to or less than the surplus, the Returning Officer shall transfer all the
unexhausted papers at the value at which they were received by the candidates
whose surplus is being transferred. (d) If the value of the unexhausted papers is
greater than the surplus, the Returning Officer shall transfer the sub-parcels
of the unexhausted papers, and the value at which each paper shall be
transferred shall be ascertained by dividing the surplus by the total number of
unexhausted papers. (v) If the surplus of any candidate to be transferred arises from
transferred as well as original votes the Returning Officer shall re-examine
all the papers in the sub-parcel last transferred to the candidate divide the unexhausted
papers into sub-parcels according to the next preference recorded thereon and
than deal with the sub-parcel in the same manner as is provided in the case of
such parcel referred to in sub-rule 4. (vi) The papers transferred to each candidate shall be added in the form of a
sub-parcel to the papers already belonging to such candidate. (vii) All papers in the parcel or sub-parcel of an elected candidate not
transferred under this rule shall be set apart as finally dealt with. The Returning Officer conducting the elections
shall exclude from the poll candidates as specified in Rule 4(B)(i) of the
rules of the Bar Council of India contained in Chapter II Part III as specified
in 'Appendix II' to those rules. Illustration:-At an election to state council where
under the Act and these rules the total number of elected members is 25 and 300
each arrived at as the quota. At the end of count, when there is no further
surplus to be distributed, M and N are the contesting candidates. M, whose name has not been on the state rolls for
at-least 10 years get 150 and N whose name has been on the state rolls for more
than 10 years gets 100 Only 12 candidates whose name have been on state
rolls for at-least 10 years already been declared elected. Hence, M has to be
excluded and the voting papers of M will be thereafter transferred as provided
for in these rules. If in the same case 13 candidates whose names have
been on state rolls on not less than 10 years have already been declared
elected, N will be excluded. The voting papers of N will be transferred as
provided for in these rules. The procedure prescribed in rule 3(c) of the rules
of the Bar Council of India in Chapter II, Part III shall be followed. In carrying out of the provisions of rules 26 to 29
the Returning Officer shall disregard all fractions and ignore all preferences
recorded for candidates already elected or excluded from the poll. (i) Immediately upon the completion of count, a list of the candidates
elected to the Bar Council shall be prepared, signed and certified by the
Returning Officer and sent by him to the Secretary. (ii) The Returning Officer shall place all the valid voting papers in a
sealed parcel or parcels. (iii) After such certificate the Secretary shall cause the names of successful
candidates to be published in the Gazette and in such newspapers as the Bar
Council may select. The Secretary shall also send a list of successful
candidates to the Advocate General, to the Presidents of all the associations
in the State referred to therein before, and to the successful candidates. (iv) On the publication of the list in the Uttarakhand Govt. Gazette, the
persons whose names appear in the list shall be deemed to have been declared as
elected. (1) Any voter may contest the validity of the election of a candidate
declared to have been elected to the Bar Council by a petition signed by him
and supported by an affidavit delivered to the Secretary personally or sent by
registered post so as to reach him within 15 days from the date of publication
of the results of the election. (2) The petition shall be accompanied by a deposit of Rs. 5,000/- which
shall be paid in cash or sent by Money Order or Bank Draft. In case it is sent
by M.O. the M.O. receipt shall also be attached to the petition. The fee shall
not be refundable. (3) Such petition shall include as respondents all the contesting candidates
and the petition shall be accompanied by as many true copies as there are
respondents with five extra copies. (4) All disputes arising under the above sub rules shall be decided by a
tribunal to be known as an Election Tribunal comprising of 3 advocates whose
names are on the State Roll and who are not less than 20 years standing and who
are not candidates in the said Election to the Bar Council. (5) The Election Tribunal shall be appointed by the Bar Council on or before
the date on which the time of the elections fixed under rule 4. Provided that
if any member of the Tribunal so appointed chooses to be a candidate in the
said Election he will be replaced any another Advocate nominated by the
Advocate - General before the date of Election. (6) The Election Tribunal shall have all or any of the following powers: (i) To dismiss a petition. (ii) To order recount (iii) To declare any candidate to have been duly elected on a recount. (iv) To set aside the election of the candidates who either by himself or
through any other person acting with his consent is guilty of corrupt practice. The following shall be deemed to be corrupt
practices for the purposes of this Act. 'Bribery' that is to say- (A) Any gift, Offer or promise of any gratification to any person
whomsoever, with the object, directly or indirectly of inducing:- (a) A person to stand or not to stand as, or to with draw or not to withdraw
from being a candidate at an election, or (b) An elector to vote or refrain from voting at an election, or as a reward
to. (i) A person for having so stood or not stood, or for having withdrawn or
not having with drawn his candidature; or (ii) An elector for having voted or refrained from voting. (B) The receipt of, or agreement to receive, any gratification whether as a
motive or a reward:- (a) By a person for standing or not standing as or for withdrawing or not
withdrawing from being candidate; or (b) By any person whomsoever for himself or any other person for whom voting
or refraining from voting or Inducing or attempting to induce any elector to
vote or refrain from voting or any candidate to withdraw or not to withdraw his
candidature. For the purposes of this clause the term
'gratification' is not restricted to pecuniary gratifications or gratifications
estimable in money and includes all forms of entertainment including hosting of
dinner parties, distribution of sweets liquor, gift items etc., and all forms
of employment for reward. (C) Undue influence, that is to say, any direct or indirect interference or
attempt to interfere with the free exercise of any electoral right including
the issuing or sending of any appeal or manifesto for votes whether direct or
indirect. Provided that a mere intimation of a candidature with a bare request
for a vote on a paper of maximum postcard size shall not amount to undue
influence. But no Poster. Banner or cut out etc. or making advertise through
media shall be done otherwise it shall amount to mal-practice and it shall be a
valid ground to cancel the election of such candidate. And provided further that a candidate or his agent
may also orally ask for votes from voters; but on the date of election such
requests shall note be made within a radius of 200 yards from the Polling
station. And a candidate may issue a written intimation to his voters
announcing his candidature and seeking their votes or their first preference
votes, which intimation shall not contain any other publicity or his eulogy.
Such written intimation shall also not amount to undue influence. Mere announcement of his candidature by a candidate
shall not amount to an appeal. (D) The hiring or procuring whether on payment or otherwise of any vehicle
or vessel or the use of such vehicle or vessel for the free conveyance of any
elector to or from any polling station. (E) That on receipt of any complaint of any mal-practice by any candidate
The Returning Officer shall issue a show cause notice to the candidate and
after providing him opportunity of hearing if the Returning Officer come to the
conclusion to be records in writing by a speaking order he shall cancel the
Candidature of such candidate. Pending such enquiry and its final order the
Election Result of such candidate shall be withheld and final declaration of
such candidate shall not be notified and in case the complaint is found to be
correct the Election of such candidate shall be cancelled and process as
provided Under Section 32 sub rule 6(iv) shall follow. Explanation: The vacancy arising under sub-rule
6(iv) shall be filled up as a casual vacancy. (v) In other cases to declare a vacancy to be filled up as a casual vacancy. (vi) To make on order as to costs. (7) The trial of an election petition shall as far as possible be governed
by the Civil Procedure Code. (8) No petition shall lie on the ground that any nomination paper was
wrongly rejected or the name of any voter was wrongly included in or omitted
from the electoral roll or any error or irregularity, which is not of a substantial
character. (9) The voting papers and other records, relating to the elections shall not
be destroyed until the expiry of the time fixed for the filling of any petition
under Clause (1) of this rule. (10) In case where a petition or petitions have been filed under clause (1)
no such voting papers or records shall be destroyed till all the election
petitions are finally disposed off. Except as otherwise provided in these rules the
Secretary shall be in charge of the conduct of the election. Example: For the purposes
of these rules, the "Secretary" shall mean a person appointed as
Secretary under section 7 of the Act or any other person appointed by the Bar
Council to perform the duties of the Secretary under these rules.BAR COUNCIL OF UTTARAKHAND
ELECTION RULES, 2014
PREAMBLE