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BAR COUNCIL OF INDIA RULES, 1975 |
2. (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 or the Act may include the election of a member of the State Council to the Council
under Section 4(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.
3. 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.
4. A person elected as a member of the Council under Section 4 (l)(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.
5. (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, and
(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.
6. (a) If the State Council does not take steps in time or 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
lOB of the Act, the Secretary of the Council shall call upon the concerned State Council requiring it to
elect its members to the Council within 30 days of such notice.
7. Every notice by the Secretary of the State Council fixing a date for an 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.
8. (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 had 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 type. Each voting paper shall bear tbe 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.
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