PEDDIREDDY SHAMBHU PRASAD EAST GODAVARI DIST Vs. BAR COUNCIL OF THE STATE OF ANDHRA PRADESH, REP. BY ITS SECRETARY, HIGH COURT PREMISES, HYDERABAD AND ANOTHER

JUDGEMENT

(1.) THIS writ petition is filed for a mandamus to declare the action of the respondents in fixing 04.01.2012 as the date for holding poll in respect of the advocates practicing in Rajahmundry as illegal and arbitrary.

(2.) THE petitioner is a practicing advocate and candidate in the elections notified by respondent No.1. The election was originally scheduled for 30.12.2011 as per the election notification, dated 05.11.2011. The election could not take place in respect of Rajahmundry Bar as ballot papers meant for the said Bar did not reach till 4.30 pm on 30.12.2011. Vide proceedings, dated 02.01.2012, respondent No.1 has fixed 04.01.2012 as the date for holding election. According to the petitioner, under Rule 5(a) of the Rules of the Bar Council of the State of Andhra Pradesh (for short 'the Rules'), a notification shall be issued with notice of 40 days before the scheduled date of election and that the poll having got postponed, a fresh notification needs to be given with the minimum of 40 days between the date of notification and the date of poll. The petitioner further pleaded that Rule 17 of the Rules under which a re -poll can be held within three days from the date of receipt of complaint has no application.

(3.) FOR the above -mentioned reasons, I do not find any merit in the writ petition and the same is accordingly dismissed.