Summary
The Court declined interference with High Court directions for fresh Awadh Bar Association elections and safeguards following serious disruption of polling inside the court premises. Tearing ballots, misconduct towards lawyers and injuries justified suo motu intervention to protect security and electoral purity. The directions included one Bar–one vote, disclosure of voting participation and restrictions on canvassing inducements, with exclusion of identified disruptors after verification. The special leave petitions were dismissed, while the underlying High Court proceedings remained pending.
Issues
- Whether disruption of the Bar Association poll justified fresh elections and the High Court’s electoral safeguards.
- Whether the claimed inconvenience of recalling voters warranted interference with those directions.
Held
- The reported conduct during polling raised serious security and decorum concerns in the High Court premises. The High Court rightly took suo motu cognizance and directed a fresh election; the petitioners’ objections did not justify interference in the particular circumstances. (¶¶ 1, 2, 2.1, 3, 3.1)
- The impugned safeguards aimed to preserve electoral purity. They included implementation of one Bar–one vote, publication of participation in previous elections, an election code and prohibitions on canvassing materials and hospitality inducements. Exclusion of disruptive members required verification of complaints and available evidence under the High Court’s direction. (¶¶ 1, 3.1, 5)
- Bar independence carries responsibilities toward the justice system. Misconduct and disturbance in court premises could not be tolerated; elections should reflect genuine voters regularly practising in the court concerned rather than be captured by outsiders. Further observations on individual conduct were withheld while the High Court matter remained pending. (¶¶ 3.2, 3.3, 4, 4.1)
- The special leave petitions were dismissed, leaving the High Court orders in place. (¶ 5)
Result
Special leave petitions dismissed; High Court directions for fresh elections and electoral safeguards left undisturbed.