YOGENDRA SINGH TOMAR Vs. BAR COUNCIL FOR UTTARAKHAND

JUDGEMENT

(1.) Leave granted.

(2.) The appellant, a practising advocate, was duly elected as a Member of the Bar Council of Uttarakhand and being eligible to contest for the post of Chairman of the Bar Council filed the nomination papers for the said post, election for which was scheduled to be held on 19.1.2013. The election, as scheduled, was held on the date fixed and on the basis of the voting, the appellant and the third respondent received six votes of first preference each, respondent No. 4 received three votes of first preference and four votes of first preference were declared invalid. The first preference votes secured by the respondent No. 4 were eliminated and his second preference votes were counted. After counting of votes on the principle of single transferable vote the third respondent secured eight votes as against seven by the appellant as a result of which the Returning Officer declared the third respondent as the elected Chairman of the Bar Council of Uttarakhand.

(3.) As facts would unfurl, an election tribunal was required to be constituted under Rules for Election of Chairman and Vice-Chairman, 2009 (for short "the Rules") on or before the date on which the time of schedule is fixed under Rule 4 of Bar Council of Uttarakhand Election Rules, 2009 (for brevity "the 2009 Rules"). As no election tribunal was in existence, the appellant approached the High Court of Uttarakhand at Nainital in Writ Petition (M/S) No. 168 of 2013 for declaring the result of election of the Chairman, Bar Council of Uttarakhand held on 19.1.2013 as null and void. A further prayer was made to command the respondents to recount the votes by treating the rejected votes in favour of the appellant as the votes had been cast in accordance with the stipulations made in the 2009 Rules.