Prasanna B. Varale, CJ
1. Heard Sri Sagar Ladda and Sri Sunil S. Rao, the learned counsel appearing for the appellants.
2. The appellants/petitioners have challenged an order dated 17.11.2023 passed by the learned Single Judge in W.P.No.25356/2023 by which, the interim prayer sought for by them to vote in the ensuing elections of respondent No.1 - Doddaballapura Taluk Vakeelara Sangha (Bar Association) which is scheduled on 20.11.2023 came to be rejected.
3. The learned counsel for the appellants, by inviting our attention to the endorsement dated 02.11.2023 (Annexure-A), submits that the appellants are deprived of their valuable right to vote in the ensuing elections on unsustainable grounds. He submits that as the appellants are practising advocates at Doddaballapura, they are entitled to become primary members of the Doddaballapura Bar Association and the bye-laws of the Bar Association also recognize their membership. He further submits that the bye-laws do not prevent an ordinary member to vote in the elections and there is also no requirement that to exercise a vote in the elections, the ordinary member has to obtain life membership. The learned counsel further submits that the appellants submitted their applications to become life members of the Bar Association within the term of office of the Governing Council i.e., from 18.10.2020 to 17.10.2022. He also submits that respondent No.4 -Administrator & Returning Officer excluded the appellants from the eligible voters’ list. He further submits that as many as 18 members have approached this Court out of 24 members.
4. Admittedly, the writ petition is pending consideration before the learned Single Judge. The learned Single Judge has to assess the claim of the appellants/petitioners on merits and by way of the order impugned in the appeal, only the interim prayer made by the appellants seeking permission to vote in the elections has been rejected. Admittedly, respondent No.4-Administratror & Returning Officer has been appointed to conduct elections on the ground that the term of the earlier Governing Council had expired. As such, the learned Additional Government Advocate accepted notice for the respondents.
5. In our opinion, the writ appeal can safely be disposed of with the following directions:-
1) Respondent No.4 is directed to permit the appellants to exercise their votes in the ensuing elections of the Governing Council of respondent No.1 which is scheduled on 20.11.2023;
2) The votes exercised by the appellants shall be kept separately in a sealed envelope;
3) If there is a marginal difference in the votes obtained by the elected candidates and the defeated candidates, then only the Administrator shall open the sealed envelope for the purpose of declaration of election results and if there is no such marginal difference, there is no necessity for the Administrator to open the sealed envelope.
With the above observations, the writ appeal is disposed of.
The learned Additional Government Advocate submits that respondent No.4-Smt. Sheela B.N., Assistant Registrar of Co-operative Societies, Doddaballapura Sub-Division, is personally present in this Court and a copy of the same would be handed over to her to take appropriate steps in the matter.
Authenticated copies of this order shall be provided to the learned counsel appearing for the parties.
