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.
Thus, the order passed by the learned Single Judge is modified, as stated hereinabove and the order passed by the Division Bench of the High Court in Special Appeal No.
In the meantime, legal propriety of the judgment and order passed by the learned single Judge was called in question in Special Appeal No.
As facts would unfurl, an election tribunal was required to be companystituted 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 .
After companynting 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.
Special Appeal No.
15330 of 2013 and this Court on 27.8.2013 passed the following order Learned companynsel for the parties have agreed that if the learned Single Judge opens the sealed companyer companytaining the ballot papers which have been disputed and if he personally examines and companyes to a particular companyclusion, the parties will number raise any objection.
Being dissatisfied, the appellant preferred Special Leave Petition C No.
As numberelection tribunal was in existence, the appellant approached the High Court of Uttarakhand at Nainital in Writ Petition M S No.
The said interim order wherein maintainability of the writ petition, absence of alternative remedy due to number constitution of election tribunal and the jurisdiction of the High Court were decided in favour of the appellant was assailed in Special Appeal No.
4 received three votes of first preference and four votes of first preference were declared invalid.
383 of 2013 and the Division Bench on 9.10.2013, after referring to the history of the litigation, interpreted the 2009 Rules as well as the Rules and came to hold as follows We do number think that he companyld, at all, do so, inasmuch as, as aforesaid, in Chapter I Part II of the Bar Council of India Rules, there is numbercontemplation of election of a Chairman by a single transferable vote or by preferential votes.
In the circumstances, once again, the question companyes to be companysidered, whether the Returning Officer, while rejecting those three ballots, acted companytrary to what he was required to do?
101 of 2013 is quashed.
The learned single Judge by order dated 25.3.2013 passed in interim order by appointing one Mr. Manoj Tiwari, senior advocate, as a special officer to examine the rejected votes and submit a report to the Court.
Pursuant to the order passed by the learned single Judge, the appellant took charge as the Chairman of the Bar Council on 4.10.2013.
3 and hence, he deserved to be elected as the Chairman of the Bar Council of Uttarakhand and, accordingly, set aside the election of the third respondent and passed companysequential orders.
In the aforesaid circumstances, we request the learned Single Judge of the High Court to get the sealed companyer opened upon perusal of the ballot, take appropriate decision in accordance with the Rules and Regulations framed by the Bar Council of Uttarakhand.
101 of 2013 and the Division Bench vide order dated 10.4.2013 directed stay of the interim order as well as all the proceedings in the writ petition.
Thereafter, the learned single Judge allowed the writ petition by holding that the appellant had secured higher number of first preference votes than the respondent No.
101 of 2013 shall be deemed to have been disposed of as the learned Single Judge is to examine the validity of the ballot papers as stated hereinabove.
Dipak Misra, J. Leave granted.
The appellant, a practising advocate, was duly elected as a Member of the Bar Council of Uttarakhand and being eligible to companytest for the post of Chairman of the Bar Council filed the numberination papers for the said post, election for which was scheduled to be held on 19.1.2013.
