‘One Bar, One Vote’: Supreme Court directs petitioners to go back to HC

 

 

 

 

In the case related to the “One Bar One Vote” policy that has been made mandatory for the upcoming High Court Bar Association (HCBA), Nagpur elections, the Supreme Court of India on Wednesday made it clear that the petitioners must first seek relief from the High Court itself.

 

The Supreme Court said that if the order passed by the High Court is only an “interlocutory” or “interim” order, then parties cannot directly come to the Supreme Court at that stage. They must go back before the High Court and argue their case again there, especially if they feel they were not heard fully. A Bench of Justice Surya Kant and Justice Joymalya Bagchi recorded this position in a short but important order while hearing the matter. The Supreme Court passed the following order: Permission to file special leave petitions was granted. The court said it had heard senior counsel for the petitioners at considerable length.

 

The Supreme Court stated that since the impugned order was interlocutory in nature, and because the petitioners were complaining that they were not heard by the High Court, the Supreme Court would not entertain the special leave petitions at this stage. The Bench therefore declined to interfere and dismissed the petitions, with liberty to approach the High Court for proper relief.

 

This order is important because the Supreme Court has placed emphasis on judicial hierarchy and has clearly stated that where the High Court has passed only an “interim” or “in-between” order, parties must first go back to the High Court before rushing to the Supreme Court. Only after the High Court passes a final or substantial order, the Supreme Court may consider intervention.

 

Earlier, on October 16, the Nagpur Bench of the Bombay High Court, through Justice Anil Kilor and Justice Rajnish Vyas, passed an order related to the upcoming High Court Bar Association (HCBA) elections in Nagpur. The High Court directed that any lawyer who wishes to vote in the HCBA elections must submit a written undertaking, clearly stating that they will vote only in the HCBA election and not in the election of any other Bar Association. This rule is part of the “One Bar, One Vote” policy.

 

The undertaking will remain valid for three years. Based on these undertakings, the voters’ list will be prepared. The Election Committee has also been allowed to extend the election schedule by 15 days to complete this process. Violation of this rule will invite strict action. If a lawyer casts vote in more than one association, a show-cause notice will be issued, and if the reply is unsatisfactory or not submitted within seven days, that lawyer’s HCBA membership will be permanently cancelled.

 

Meanwhile, Senior Advocate Mohan Sudame has already filed a petition in the High Court seeking full enforcement of “One Bar, One Vote”. Responding to this, District Lawyers Association President Adv Roshan Bagde, Secretary Adv Manish Randive, former President Adv Kamal Satuja, Family Court Lawyers Association President Adv Ramnath Sen, and Secretary Adv Vasanti Rinke have filed mediation applications.