ELECTION RULES
1968
Approved by the Bar Council of India, New Delhi
at the meeting held on 14-8-1968 and further
amendments approved vide Resolution No. 32/95
Meeting dt. 6th May 1995 and Resolution No. 175/2001/GB
dated 15th December 2001 and approved by
Bar Council of India
Resolution No. 139 dt. 22.12.01
---
The Bar Council of India in its Meeting held on 31st, 1st and 2nd Jan and Feb 2008 has approved the Resolution No. 283/284/GB/2008 dt. 12.01.2008
Rules made by the State Bar Council of Madhya Pradesh, under Section 15 (2) (a) and (d) of Advocates Act 1961.
1. SHORT TITLE and COMMENCEMENT: These rules shall be called The State Bar Council of Madhya Pradesh Election Rules, 1968 and they shall come into force from the date of their approval.
2. These rules shall be subject to the rule made by the Bar Council of India under the power vested in it by the Act.
3. INTERPRETATION: In these rules, unless the context otherwise requires.
a) Act means the Advocates Act 1961.
b) Advocate General means the Advocate General of the State.
c) Bar Association means a recognized Bar Association included in the list kept by the State Bar Council for the purpose of these rules.
d) Bar Council means the State Bar Council of Madhya Pradesh for the State of Madhya Pradesh.
e) Casual Vacancy means a vacancy that has been caused otherwise than by the expiry of the term of office of a member.
f) Chairmanmeans the Chairman of the State Bar Council of the State.
g) Clear days means that time which is to be reckoned exclusive of both the first and the last dates.
h) Continuing Candidate means any candidate not elected and not excluded from the poll at any given time.
i) Count means :-
i) all the operations involved in the counting of the first preference recorded for candidates, or
ii) all the operations involved in the transfer of the surplus of an elected candidate, or
iii) all the operations involved in the transfer of the total value of votes of an excluded candidate, or
iv) all other operations involved in incidental to , or necessary for, the entire process of ascertainment of votes,
j) Electoral Roll means and includes the roll containing the names of the Advocates prepared in accordance with the rules of the Bar Council of India in Part III Chapter I.
k) Exhausted Paper means a voting paper on which no further preference is recorded for a continuing candidate and includes a voting paper on which :-
i) the names of two or more candidates, whether continuing or not, are marked with the same figure and are next in order of preference, or
ii) the name of the candidate next in order of preference whether continuing or not, is marked by a figure not following consecutively after some other figure of the voting paper, or by two or more figures or,
iii) there is such effacement, obliteration erasure, or mutilation as to make any preference other than the first preference ambiguous.
l) first Preference means the figures 1 set opposite the name of a candidate second preference means the figure 2 set opposite the name of a candidate and third preference means the figure 3 set opposite the name of a candidate and so on Provided that if any voter gives the preference on ballot paper in Hindi i.e. to say 1 or 2 or 3 or gives preference in Hindi or English words, or in roman numerals even such voting papers shall be deemed to be valid. However, in case of any ambiguity with respect to preferences or in case of any dispute, the returning officer shall have the powers to reject the ballot paper for which he shall record the reasons .
m) Form means a form prescribed under these rules.
n) Original Vote in relation to any candidate, means a vote derived from a voting paper on which a first preference is recorded for such candidate.
o) Polling Officer means a person appointed as such by the Returning Officer and includes the person appointed by the Returning Officer to assist the Polling Officer.
p) Returning Officer means the person appointed by the State Bar Council of Madhya Pradesh to conduct the election and in case no Returning Officer is appointed then the Secretary.
q) Surplus means the number by which the value of the votes original and transferred of any candidate exceeds the quota.
r) Transferred Vote in relation to any candidate means a vote the value or part of the value of which is credited to such candidate which is derived from a voting paper on which a second or a subsequent preference is recorded for such candidate.
s) Unexhausted Paper means a voting paper on which a further preference is recorded for a continuing candidate.
t) Voter means a person whose name is included in the Electoral Roll.
4. Time and place of Election : Election of members to the Bar Council shall be held at such place or places, on such date or dates. And during such hour or hours as the Council may appoint. Different dates and different hours may be appointed for polling at different places.
METHOD OF ELECTION
i) Election to the Bar Council shall be by the single transferable vote by and amongst the voters in the electoral roll in accordance with these rules and the voter shall vote at a place where he ordinarily practices.
ii) The voting shall be by personal ballot and voting shall take place at places notified in that behalf by the Bar Council.
EXPLANATION :
An Advocate shall be deemed ordinarily to practice at the place which is given in his address in the electoral roll.
NOTICE OF ELECTION
a) Notice of the time and place of election shall be given by publication over the signature of the Secretary, in the Gazette and in one issue of a daily newspaper in the State not less than 45 clear days before the date of election. The notification shall specify inter allia :-
i) the date for nomination.
ii) the date of scrutiny.
iii) the date for withdrawal of candidature.
iv) the dates of polling.
v) the date and place and time for counting of votes; and
vi) the minimum number of seats that should be filled from amongst the advocates who on the relevant date will be on the State Roll for at least 10 years.
Provided that last date for the filling of the nominations shall not be less than 25 clear days before the date of election and that there shall be at least 5 clear days after the last date of the scrutiny for withdrawal of the candidature. Copies of the notices shall be affixed on Notice Board of the Bar Council and sent to the Advocate General and to the Bar Associations.
b) Copies of the above notice shall be put up on the Notice Board of Bar Council and sent to, i) Bar Association and ii) the Advocate General and iii) may also be sent to the Official Gazettee of the State.
Candidates : No person shall be entitled to seek election unless his name is in the electoral roll.
CANDIDATES HOW TO BE PROPOSED :
i) Every candidate for election as a member of the Bar Council shall be proposed by one voter other than the candidate himself, and seconded by another voter. The nomination paper shall be delivered to the Secretary either personally by the candidate, or proposer or seconder or through an agent in writing or sent by registered post so as to reach the secretary on or before the date specified in the notification under Rule 6.
ii) The first nomination paper filed by any candidate shall be accompanied by a deposit of rupees Ten thousand . However, such candidates shall have the discretion to file an additional nomination paper without second time deposit of rupees Ten thousand. But in such additional nomination paper, he shall mention the fact of deposit of rupees Ten thousand with his first nomination paper in the following words :-
It is an additional Nomination Paper. The Security of rupees ___________with my first nomination paper has been deposited by me vide Receipt No. ____ dt. ______.
Signature of Candidate
Date .
Time .
DOUBTS AS TO VALIDITY OF PROPOSALS: The Secretary shall scrutinize the nomination papers received at the place and time notified under rule 6 and if in his opinion any nomination paper is invalid, he shall report the same to the Advocate General who shall decide the validity or otherwise of such nomination paper, and his decision shall be final. The candidates or their agents shall be entitled to be present both at the time of scrutiny before the Secretary as well as before the Advocate General and make their submissions. No nomination paper shall be rejected except for a defect of a substantial character and the Advocate General shall allow such defect to be rectified.
WITHDRAWAL FROM ELECTION: Any person whose name has been proposed as candidate, may withdraw his candidature by communication in writing and duly signed by him so as to reach the Secretary not later than the date specified for the purpose in the notification under Rule 6. Withdrawal can be submitted by the candidate personally or through a person duly authorized by him in writing.
DECLARATION WHEN NUMBER OF CANDIDATES IS EQUAL TO THE NUMBER OF SEATS : If the number of duly nominated candidates who have been on the State Roll for more than 10 years are less than or equal to the number required by the proviso to Section 3 (2) (b) of the Act they shall be declared. The number thus elected shall be deemed to be the number required by the said proviso. If the number of such candidates is in excess of the required number but the number of all the nominated candidates does not exceed the total number to be elected, all the candidates shall be declared elected. In every other case, there shall be a poll as prescribed by these rules.
PUBLICATION OF LIST OF CANDIDATES:
a) Not less than 20 clear days before the date fixed for elections, the Secretary shall publish the names of the candidates validity nominated except the names of those who have withdrawn under Rule 10 as early as possible in Form B on the Notice Board of the Bar Council.
b) Copies thereof shall also be sent to the Advocate General and to the Bar Associations.
PREPARATION OF LIST OF VOTERS : The Electoral Roll containing the list of voters shall be prepared in accordance with the rules of the Bar Council of India.
The voting paper shall contain the names of all the candidates. The address of the candidate and the date of his enrolment as an advocate as in the roll shall be given against the name of each candidate. An asterisk mark shall be put against the names of candidates who on the State Roll for at least 10 years for the purpose of proviso to Section 3 (2) (b) of the Act. The voting paper shall also bear on it the facsimile of the Secretarys signature. It shall state the total number of the candidates to be elected. The voting paper shall, as nearly as possible, be in the form C. The names of the candidates shall be arranged alphabetically and they shall be the same as entered in the Electoral Roll of this Council. If the two contesting candidates are of the same names and surname then fathers name of both such candidates shall also be mentioned in the voting papers.
i) There may be one or more polling booths at each place.
ii) Polling shall ordinarily be from 10:00 A M to 5:00 PM
iii) The Returning Officer shall appoint a sufficient number of polling officers for the booths and may himself act as such at one or more of the booths.
vi) If polling at a particular booth or booths in the State, for any reason could not be held as scheduled and notified, the same would be held later, as per directions and arrangements of the Returning Officer notwithstanding anything provided in these rules, but in no case after 15 days from the last day of the polling notified under Rule 6. Date, Time and place of such polling would be notified 7 days before poll in the manner the Returning Officer deems proper.
v) The Bar Council may give such general directions as it may consider necessary with regard to places where polling booths ought to be established and the persons to be appointed as polling officers.
SECOND VOTING PAPER NOT TO BE ISSUED : When a voting paper has once been handed over to a voter under these rules, a second voting paper shall not be issued to him unless he satisfies the Secretary or the polling officer that the voting paper has been spoiled or mutilated or lost or destroyed in which case a duplicate voting paper may be issued to him.
DESPATCH OF VOTING PAPER TO POLLING OFFICERS :
The Secretary shall send to the polling officers of the booths requisite number of voting papers and some additional voting papers bearing his facsimile with a covering letter stating the number of papers sent and enclosing an extract from the electoral roll relating to the polling booth and other papers, if any, with necessary instructions.
SUPPLY OF VOTING PAPERS TO VOTERS :The polling officers on the date and at the time or hour in this behalf, supply a voting paper to each voter in his polling booth, who applies in person therefore and shall take his signature in the list of voters against the voters name to signify the voting paper.
PROCEDURE FOR VOTING:
(1) Every voter at time the of casting his vote shall produce his identity Card issued by the State Bar Council of Madhya Pradesh on demand by the Polling Officer-in-Charge, for verification of his identity, provided that in absence of the identity Card, if voter is identified by any president / Secretary of the recognized Bar Association of polling Station concerned or by any Member of the State Bar Council, the polling Officer-in-Charge shall allow the voter to cast his vote.
(2) A voter who has received a voting paper under rules 18 shall retire place screened from outside view and mark his preference in the manner prescribed. The voter shall then put it in a sealed box kept for the purpose.
(3) As soon as practicable after the closing of the poll the polling officer shall close the slit of the ballot box and where the box does not contain any mechanical device for closing the slit, he shall seal up the slit and also allow any candidate of his agent present to affix his seal. The ballot box shall thereafter be sealed and secured.
(4) When it is necessary to use a second ballot box the first box shall be closed, sealed and secured, as provided in sub-rule (2) before the second ballot box is put into use. The polling officer shall, at the close of the poll, prepare an account of ballot papers in Form D and enclose it in a separate cover with the words voting paper account subscribing thereon.
SEALING OF OTHER PACKET : The Polling Officer shall then make into separate packets.
a) The marked copy of the electoral roll;
b) The unused ballot papers.
c) The cancelled ballot papers.
d) Any other paper directed by the Secretary to be kept in a sealed packet. Each packet shall be sealed with the seal of the Polling Officer and of the candidate or his agents present who may desire to affix their seal thereon.
6) TRANSMISSION OF BALLOT BOXES ETC: The Polling Officer shall then deliver to the Secretary at such place as he may direct or send by post or otherwise in any way as directed :-
a) The ballot boxes containing the ballot papers.
b) The account of the ballot papers.
c) The sealed packets referred to in sub rule (4) above and
d) All other papers used at the poll.
20. METHOD OF VOTING
1) A voter in giving his vote shall place on his voting paper the figure 1 in the space opposite the name of the candidate whom he chooses for his first preference and may in addition, place on his voting paper the figure 2 or the figure 2 and 3 or the figures 2, 3 and 4 and so on, the space opposite the names of the other candidates in the order of his preference. Marking of preference in Hindi or English numerals or words or Roman numerals will be deemed to be valid as per sub rule (1) of Rule 3.
2) A voting paper shall not be signed by a voter and in the event of any erases, obliterations or alterations in the voting paper or of the voting paper purporting to have been signed by the voter, the voting paper shall be deemed to have been defaced and no votes purporting to have been given thereby shall be taken into account for the purpose of the election.
3) The decision of the Advocate General whether a voting paper has or has not been defaced shall be final.
21. VOTING PAPERS WHEN INVALID: A voting paper shall be invalid on which :
a) the figure 1 is not marked as enumerated in sub rule (i) of Rule 3;
b) the figure 1 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.
c) The figure 1 and some other figure are set opposite the names of the same candidate; or
d) There is any mark in writing by which the voter can be identified.
22. PRESENCE OF CANDIDATE OF HIS AGENT DURING COUNTING : At the time of counting, the candidate or his agent shall be entitled to be present.
23. ARRANGEMENT OF VALID VOTING PAPERS IN PARCLES :
a) On the day fixed for counting, the Returning Officer shall open all the ballot boxes. After rejecting the voting papers which are invalid or which cannot be taken into account for the purpose of election under these rules, the Returning Officer shall :-
i) arrange the remaining voting papers in parcels according to the first preferences recorded for each candidate.
ii) count and record the number of papers in each parcel.
iii) credit to each candidate the value of papers in his parcel.
24. ASCERTAINMENT OF QUOTA : Every voting paper shall be deemed to be of the value of one hundred, and the quota sufficient to secure the return of a candidate at the election shall be determined as follows :-
a) add the value credited for a candidate under clause (iii) of
rule 23,
b) divide the total by a number which exceeds by one the number of seats to be filled, and
c) add one to the quotient, ignoring the remainder; if any the resulting number is the quota.
25. CANDIDATE WITH QUOTA TO BE ELECTED : If at the end of any count, or at the end of the transfer of any parcel or sub parcel of an excluded candidate, the value of voting papers credited to a candidate is equal to or greater than the quota that candidate shall be declared elected :
PROVIDED THAT :-
i) No candidate who has not been an advocate on the State Roll, for at least 10 years shall be elected if 12 candidates of less than 10 year standing have already been declared elected.
ii) if at the end of any count, there are two or more candidates, who have not been on the State Roll for at least 10 years, getting more than the quota as aforesaid but the number of candidates that can yet be elected from such category under the proviso to Section 3 (2) (b) is less than that number, the candidate who has obtained the greater value of votes shall be declared elected in preference to the candidate whose value of votes is less.
iii) In the case of two ore more persons of the category referred to in proviso (ii) above, getting the same value of votes at the end of any count, the Returning Officer conducting the election shall decide by lot which of such persons shall be declared elected.
iv) The other candidate or candidates not declared as aforesaid by reason of the proviso to Section 3 (2) (b) of the Act and these rules shall be excluded from the poll.
26. TRANSFER OF SURPLUS.
i) If after exclusion of any candidate under rule 26 at the end of any count, the value of the voting paper credited to a candidate is greater than the quota, the surplus shall be transferred in accordance with the provision of this rule to the continuing candidates indicated on the voting papers of the candidate as being next in order of the voters preference.
ii) If more than one candidate have a surplus, the biggest surplus shall be dealt with first and the others in order of magnitude.
PROVIDED THAT :-
Every surplus arising on the first count shall be dealt with before those arising on second count and so on.
iii) Where there are more surpluss that one to distribute and two more surpluses are equal regard shall be had to the original votes of each candidate and the candidate for whom more original votes are recorded shall have his surplus first distributed and if the value of the original vote is equal. Returning Officer shall decide by lot which candidate shall have his surplus first distributed.
iv) a) If the surplus of any candidate to be transferred arises on the original votes only, the Returning Officer shall examine all the papers in the poll belonging to that candidate. Divide the unexhausted papers into sub parcels according to the next preference recorded thereon and make a separate sub parcel of the exhausted papers.
b) The Returning Officer shall ascertain the value of the papers in each sub parcel and of all the unexhausted papers.
c) If the value of the unexhausted papers is equal to or less than the surplus, the Returning Officer shall transfer all the unexhausted papers at the value at which they were received by the candidate whose surplus is being transferred.
d) If the value of the unexhausted papers is greater than the surplus, the Returning Officer shall transfer the sub parcels of the unexhausted papers and the value at which each paper shall be transferred, shall be ascertained by dividing the surplus by the total number of unexhausted papers.
v) If the surplus of any candidate to be transferred arises from transferred as well as original votes, the Returning Officer shall re examine all the papers in the sub parcel last transferred to the candidate, divide the unexhausted papers into sub-parcels, according to the next preference recorded thereon, and then deal with the sub parcels, in the same manner as is provided in the case of such parcel referred to in sub rule (4).
vi) The papers transferred to each candidate shall be added in the form of a sub parcel to the papers already belonging to such candidate.
vii) All papers in the parcel or sub parcel of an elected candidate not transferred under this rule shall be set apart as finally dealt with.
27. EXCLUSION OF CANDIDATE: The Returning Officer conducting the election shall exclude from the poll candidates as specified in rule 4 (b) (i) of Chapter II Part III, of the Bar Council of India Rules.
28. FILING OF LAST VACANCIES: The procedure prescribed in rule 4 (c) of Chapter II Part III of Bar Council of India Rules shall be followed.
29. FRACTION ETC. TO BE DISREGARDED: In carrying out of the provisions of rules 25 to 28, the Returning Officer shall disregard all fractions and ignore all preferences recorded for candidates already elected or excluded form the poll.
30. DETERMINATION OF RESULT AND PUBLICATION THEREOF
1) Upon the completion of the count, a list of the candidates elected to the Bar council shall be prepared and signed by the Returning officer and submitted by him to the Advocate General who shall verify the same by his signature.
(2) After such certificate, copy of the list shall be published in the official gazette and shall also be sent to the Advocate-general and to the Bar Associations to affix as they may direct, and may also be sent to other similar Associations. A copy of the same shall also be put up on the Notice Board of the Bar Council.
(3) On the publication of the list in the Official Gazette the persons whose names appear in the list shall be deemed to have been declared as elected. The members of the Bar Council shall be deemed to have been elected on the date of publication of their names in the official gazette.
31. DISPUTES AS TO THE VALIDITY OF ELECTION:
(1) Any voter may contest the validity of the election of a candidate declared to the Bar Council by a petition signed by him and supported by an affidavit and delivered to the Secretary personally or sent by registered post so as to reach him within 15 days from the date of publication of the results of the election.
(2) The Petition shall be accompanied by a fees of Rupees Fifteen thousand only (Rs.15,000/-) which shall be paid in cash or shall be remitted by Money Order/Demand Draft. In case, if it is sent by Money Order, the MO receipt shall be attached to the petition. The fees shall not be refundable
(3) Such petition shall include as respondents all the contesting candidates, and the petition shall be accompanied by as many as copies as there are respondents.
(4) All disputes arising under the above sub-rule shall be decided by a Tribunal to be known as an Election Tribunal comprising of 3 advocates whose names are on the State Roll and who are not less than of 10 years standing.
5) The Election Tribunal shall be appointed by the Bar Council on of before the date on which the time of the election is fixed under rule 4. Where there is one or more vacancies in the Tribunal by reason of death, resignation of any other cause whatsoever the same shall be filled up by the Bar council of India from amongst the advocates on the roll of the State Bar Council of Madhya Pradesh.
(6) The Election Tribunal shall have all or any of the following powers:
i) To dismiss a petition;
ii) To order re-poll at the place where polling has not taken place or polling has taken place but for some reason or other is held by the Tribunal to have been vitiated due to substantial irregularity.
iii) To order recount;
iv) To declare any candidate to have been duly elected on a recount;
v) To set aside the election of candidate who either by himself or through any other person acting with his consent or connivance is guilty of corrupt practices.
The following shall be deemed to be corrupt practices for the purposes of this Act:
1) Bribery, that is to say-
A) any gift, offer or promise of any gratification to any person whomsoever, with the object, directly or indirectly of inducing :-
a) A person to stand or not to stand as, or to withdraw or not to withdraw from being a candidate at an election, or
b) An elector to vote or refrain from voting at an election, or as a reward to,
(i) a person for having from stood or not stood, or for having withdrawn or not having withdrawn his candidature; or
(ii) an elector having voted or refrained from voting.
B) the receipt or agreement to receive, any gratification whether as a motive or a reward.
a) by a person for standing or not standing as for withdrawing or not withdrawing from being candidate; or
b) by any person whom so ever or himself for any other person for voting or refraining from voting or inducing or attempting to induce any elector to withdraw or not to withdraw his candidature.
For the purposes of this clause the term gratification is not restricted to pecuniary gratification or gratifications estimable in money and it includes all forms or entertainment and all forms of employment for reward.
2) Undue influence, that is to say, any direct or indirect interference or attempt to interfere with the free exercise of any electoral right including the issuing or sending of any appeal or manifesto for votes whether direct or indirect.
Provided that a mere intimation of a candidature with a bare request for a vote shall not amount to under influence.
And provided further that a candidate or his agent may also orally ask for votes from voters; but on the date of election such requests shall not be made within a radius or 200 yards from the Polling Station. And a candidate may issue a written intimation to his voters announcing his candidature and seeking their votes or their first preference votes, which intimation shall not contain any other publicity or his eulogy. Such Written intimation shall also not amount to undue influence.
Attempt to secure from any voter his ballot paper with intent to ensure that the vote has been cast or is to be cast for a particular candidate shall be deemed to interfere with the free exercise of the electoral right of the said voter.
3) The hiring or procuring, whether on payment or otherwise of any vehicle or vessel or the use of such vehicle or vessel for free conveyance of any elector or from any polling station.
EXPLANATION : The vacancy arising under sub rule 6 (iv) shall be filled as a casual vacancy.
vi) In other cases to declare a vacancy to be filled up as a casual vacancy.
vii) To make an order as to costs.
7) The trail of an election petition shall be as far as possible be governed by the Civil Procedure Code.
7) (a) (1) Notwithstanding the absence of the Chairman or any member of the Election Tribunal on the date fixed for hearing of an election petition before it, the Tribunal may hold or continue the proceedings and no order made by the Election Tribunal in any such proceedings shall be invalid merely by reasons of the absence of the Chairman or member thereof on any such date, provided that any two out of the three persons constituting the Tribunal are present. Provided further that no final order on the petition shall be made in any proceeding unless the Chairman and other members of the Election Tribunal are present.
(2) The Election Tribunal may make such order as to costs of any election petition or proceedings before it as it may think fit and any such order shall be executable as if it was an order of Civil Court of Madhya Pradesh.
8) No petition shall lie on the ground that any nomination paper was wrongly rejected or the name of any voter wrongly included in or omitted from the electoral roll or any error or irregularity which is not of a substantial character.
9) The voting papers and other records relating to the elections shall not be destroyed until the expiry of the time fixed for the filing of any petition under clause (1) of this rule.
10) In case where a petition or petitions have been filed under clause (1) no such voting papers of records shall be destroyed till all the election petitions are finally disposed off.
31. A) FILLING OF CASUAL VACANCIES :
i) Casual vacancies occurring amongst members of the State Bar Council of Madhya Pradesh shall be filed on the basis of election results in the previous election.
ii) Casual vacancy will be filled first by the last person to be eliminated in the previous election provided he is qualified to be elected as members of the Bar Council in accordance with the provisions of section 3 (2) (b) of the Advocates Act, 1961.
iii) In case the last person to be eliminated is not qualified to be elected the candidate who has been eliminated prior to the elimination of last candidate and so on shall be elected to fill up the casual vacancy.
iv) In case the number of candidate in the 1st election did not exceed the total number to be elected according to rule II of these rules, the casual vacancy shall be filled by nominating any Advocate on the rolls of the Council subject to provisions of section 3 (2) (b) of the Advocates Act.
32. CONDUCT OF ELECTIONS: Except as otherwise provided in these rules the Secretary shall be incharge of the conduct of the election.
33. FORFEITURE AND REFUND OF DEPOSIT:
i) The deposit of candidate contesting the election who is unable to secure at least 2/3 of quota sufficient to secure the return of a candidate in the election shall be forfeited.
ii) The deposit of candidate who have been declared elected, the deposit of candidates who have withdrawn from election before the specified date of withdrawal under Rule 6 of these rules and the deposit of candidates who have not been elected but who have secure more than 2/3 of the quota, sufficient to secure the return of a candidate shall be returned to the candidate concerned after 30 days from the publication of the election results in the Madhya Pradesh Gazette.
FORM A
STATE BAR COUNCIL OF MADHYA PRADESH
HIGH COURT CAMPUS,
JABALPUR-482007
Nomination Paper
(Under Rule 8)
for Election of the State Bar Council of Madhya Pradesh
To,
The Secretary,
State Bar Council of Madhya Pradesh,
High Court Campus,
Jabalpur
Sir,
We nominate an Advocate on the roll of State Bar Council of Madhya Pradesh (Election No. ..)
practicing at as a candidate for election of the State Bar Council of Madhya Pradesh to be held on
1. Name ..
Address .
. ..
Enrollment Number in the . .
Signature
Date
Electoral Roll.
1) Name
Address
Enrollment Number in the
Electoral Roll
Signature
Date
_______________________________________________________________
I am willing to serve on the Bar Council, if elected
Name and address
of the candidate
Signature of the Candidate
Enrollment Number in the
Date Electoral Roll ..
Telephone No. with STD Code
Mobile No.
STATE BAR COUNCIL OF MADHYA PRADESH
HIGH COURT CAMPUS,
JABALPUR-482007
FORM B
Subject to necessary modifications
(Under Rule 12)
LIST OF CANDIDATES : The following is the list of candidates for the election of the State Bar Council of Madhya Pradesh to be held on
I Candidate whose names have been on the State Roll for at least 10 years as required under the proviso to Section 3 (2) (b) of the Act.
Name Date of enrolment Ordinary place of practice
1 2 3
II. Candidates who have been on the State Roll for less than 10 years.
Name Date of enrolment Ordinary place of practice
1 2 3
Secretary
State Bar Council of Madhya Pradesh
Date .
STATE BAR COUNCIL OF MADHYA PRADESH
HIGH COURT CAMPUS,
JABALPUR-482007
FORM C
Subject to necessary modifications
(Under Rule 14)
Instructions for the guidance of Voters
1. The number of members to be elected is 25.
2. The voting is by the single transferable preference vote.
3. The mark should be so placed as to indicate clearly and beyond doubt to which candidate he is giving his vote. If the mark is so placed as to make it doubtful to which candidates the vote has been given, that vote will be valid.
4. METHOD OF VOTING
1) A voter in giving his vote.
shall place on his voting paper the figure 1 in the space opposite the name of the candidate whom he chooses for his preference; and
may in addition place on his voting paper the figure 2 or the figure 3 or the figure 2 , 3 4 and so on, in the space opposite the names of the other candidates in the order of his preference, marking of preference in Hindi or English numerals will be deemed to be valid as per sub rule (i) of Rule 3.
2) A voter shall not sign the voting paper nor place any mark thereon by which he can be identified.
5. VOTING PAPERS WHEN INVALID :
A. Voting paper shall be invalid on which.
a) the figure 1 is not marked; as enumerated in sub rule (1) of Rule 3 or
b) The figure 1 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 figure 1 and some other 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 or
e) if there is such effacement, obliteration, eraser or mutilation as to make the first preference ambiguous.
6. Voting : A voter shall put the voting paper after voting into the ballot box.
VOTING PAPER
STATE BAR COUNCIL OF MADHYA PRADESH
(Election Date .)
25 Members have to be elected
Sr.No Name in Roll Date of Place and Mark of
Enrollment Address Voter
1. Samson * 15.01.1905
2. Ranga 04.05.1965
* An Asterik mark indicates that the name of the candidate who has been on the State Roll for at least ten years.
Date Facsimile of Secretary
(Under Rule 18)
Election the State Bar Council of Madhya Pradesh
1. Name of polling booth.
2. Total number of ballot papers supplied.
3. Total number of ballot papers used.
4. Date
5. Signature of Polling Officer.
Date : Signature
of
Place :