Bar Council of India Rules
The Bar Council of India Rules have been made by the Bar Council of India in exercise of its rule-making powers under the Advocates Act, 1961.
PART I: DEFINITIONS
Definitions.--In these rules, unless the context otherwise requires,--
(a) 'Act' means the Advocates Act, 1961, as amended from time to time;
(b) 'advocate' means an advocate entered in any roll under the provisions of the Act;
(c) 'casual vacancy' means a vacancy caused otherwise than by the expiry of the term;
(d) 'Chairman' means the Chairman of the Bar Council of India;
(e) 'clear days' means that time is to be reckoned exclusive of both the first and the last days;
(f) 'Council' means the Bar Council of India;
(g) 'prescribed' means prescribed by the rules;
(h) 'Rules' means the rules made by the Council;
(i) 'Secretary' means the Secretary of the Bar Council of India and includes any person howsoever designated and entrusted for the time being with the duties of the Secretary;
(j) 'State Council' means a Bar Council constituted under section 3 of the Act;
(k) 'Vice-Chairman' means the Vice-Chairman of the Bar Council of India.
PART II: MATTERS RELATING TO BAR COUNCIL OF INDIA
CHAPTER I
[Rules under section 15 (2), (c), (d), (f) and (g) read with sections 4 and 10B of the Act]
A. ELECTION OF MEMBERS OF THE COUNCIL
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Notice of every meeting of the Council and committees shall ordinarily be sent by the Secretary not less than 15 days before the date of the meeting except when the Chairman requires a meeting to be called on short notice on grounds of urgency. If any five or more members of the Council require in writing a meeting to be called on short notice of not less than 10 days for consideration of specified matters, the Secretary shall convene the meeting on such date as requisitioned and the agenda for such meeting shall include matters specified by such members. No proceeding shall be invalidated merely on the ground that the rule relating to notice is not strictly complied with.
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(1) The Notice and Agenda for the first meeting of the State Council held after the election of its members on the expiry of the term of its members elected at the previous election under section 8 of the Act may include the election of a member of the State Council to the Council under section (1) (c) of the Act.
(2) Every such election shall be held not later than 30 days after the first meeting of the State Council after election under section 8 of the Act.
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The election of a member of the Council shall be conducted by the Secretary of the State Council who shall act as the Returning Officer.
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A person elected as a member of the Council under section 4 (1) (c) of the Act shall cease to be such member--
(a) from the date when he ceases to be a member of the State Council as mentioned in section 4(3)(ii) of the Act;
(b) on the acceptance by the Council of his resignation.
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(1) in the case of a vacancy in the office of the member of the Council arising for any reason mentioned in rule 4(a) of this Chapter or on account of death, intimation of the vacancy shall be given by the Secretary of the State Council to the Secretary of the Council forthwith.
(2) The election to fill the vacancy under rule 4(a) or (b) shall be held within 30 days from the date of the vacancy.
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(a) If the State Council does not take steps in time for the holding of the election as referred to in these Rules, and
(b) in the case of a vacancy of the member of the Council arising under section 10B of the Act, the Secretary of the Council shall call upon the concerned State Council requiring it to elect its member to the Council within 30 days of such notice.
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Every notice by the Secretary of the State Council fixing a date for the election of a member to the Council under these rules shall be sent not less than 15 clear days before the date fixed for the election. A copy of the said notice shall be sent simultaneously to the Secretary of the Council.
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(1) The name of each candidate for the election shall be proposed by one member and seconded by another member of the State Council at the meeting. No member shall propose or second more than one name.
(2) If only one candidate has been duly nominated, the Returning Officer shall declare him elected,
(3) Any nominated candidate can withdraw before the voting takes place.
(4) If the number of candidates duly nominated is more than one, there shall be an election by secret ballot. The Returning Officer shall provide voting papers with the names of the candidates typed. Each voting paper shall bear the signature of the Returning Officer.
(5) A voter in giving his vote shall place in his voting paper the mark 'X' against the name of the candidate of his choice.
The voting paper shall not be signed by the voter; and in the event of any erasures, obliterations or alterations in the voting papers, or of the voting paper purporting to have been signed by the voter, the voting paper shall be deemed to have been defaced and the vote purporting to have been given thereby shall not be taken into account for the purposes of the election. Subject to the provisions of rule 10, the decision of the Returning Officer whether the voting paper has or has not been defaced shall be final.
A voting paper shall be invalid on which--
(a) the mark 'X' is not made, or
(b) the mark 'X' 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 mark 'X' and any other mark or 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.
(6) The Returning Officer shall count the valid votes immediately after the close of voting in the presence of the candidates or their nominees who may choose to be present.
(7) The candidate securing the largest number of votes shall be declared elected by the Returning Officer.
In the case of two or more candidates securing an equal number of votes, the Returning Officer shall decide the election by drawing lots.
(8) Immediately after the declaration of the result, the Returning Officer shall put the ballot papers used for voting in the election in a separate cover, have the cover closed and sealed with his signature and that of all the contesting candidates if they desire to do so.
(9) The result of the election shall be communicated forthwith to the Secretary of the Council and sent to the State Gazette or Gazettes concerned for publication.
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(1) In case of a dispute arising out of the election, any of the contesting candidates, or any other member of the State Council, may challenge the election by a petition which shall be filed with, or despatched by registered post to the Secretary of the Council within 10 clear days of declaration by the Returning Officer of the result of the election as mentioned in rule 8(7). The petitioner shall also send copies of the petition to all the contesting candidates and to the Secretary of the State Council.
(2) As soon as possible after the receipt of the copy of the petition under sub-rule (1), the Secretary of the State Council shall send the sealed cover containing the ballot papers referred to in rule 8(8) above, and all other papers and records relating to the election to the Secretary of the Council.
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(1) The Council may reject any petition received under rule 9 if, in its opinion, there is no prima facie case.
(2) If the Council is of the opinion that there is a prima facie case, either the Council or a Committee of the Council comprising not more than 3. members of the Council constituted therefor shall, after hearing alt the parties concerned, determine the said dispute.
(3) The Council, or the Committee as the case may be, shall have all or any of the following powers:--
(a) to dismiss the petition;
(b) to set aside the election;
(c) to declare any candidate as having been duly elected;
(d) to order a fresh election; and
(e) to make an order as to costs.
(4) A copy of the Order of the Council or the Committee may be sent to the State Councils.
(5) The State Council concerned shall cause such fresh election to be held as may be ordered under sub-rule (3) of this rule.
(6) The parties shall be entitled to obtain copies of the order or the decision of the Council or of the Committee, as the case may be, on payment of the charges, if any, prescribed therefor under the rules of the Council. The Chairman of the Council or the President of the Committee, as the case may be, may also permit copies of any other part of the record of the enquiry to be furnished on payment of such charges as may be prescribed during the pendency of the election petition.
B. EXPIRY OF TERM OF OFFICE OF CHAIRMAN, VICE-CHAIRMAN AND
MEMBERS OF COMMITTEES OF THE COUNCIL
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A member of the Council elected as Chairman or Vice-Chairman or members of any Committee of the Council, shall cease to hold office as such Chairman, Vice-Chairman or member of Committee, on the expiry of his term.
C. ELECTION OF CHAIRMAN AND VICE-CHAIRMAN
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(1)(a) The election of the Chairman and Vice-Chairman shall be held at a meeting of the Council.
(b) At every such meeting for the election of the Chairman, the Vice-Chairman, if he is not a candidate, shall preside. In the absence of the Vice-Chairman, a member of the Council who is not a candidate elected by the members present, shall preside.
(c) In the case of the election of the Vice-Chairman, the Chairman, or in his absence the Vice-Chairman, if he is not a candidate shall preside.
In the absence of the Chairman and the Vice-Chairman, any member of the Council who is not a candidate, elected by the members present, shall preside.
(d) (i) The name of the candidate for the election shall be proposed by one member and seconded by another member at the meeting.
(ii) No member shall propose or second more than one name.
(iii) If only one member has been duly nominated, he shall be declared elected.
(iv) Any...
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