State of Rajasthan - Act
The Bar Council of Rajasthan Election Rules, 1968
RAJASTHAN
India
India
The Bar Council of Rajasthan Election Rules, 1968
Rule THE-BAR-COUNCIL-OF-RAJASTHAN-ELECTION-RULES-1968 of 1968
- Published on 15 October 1968
- Commenced on 15 October 1968
- [This is the version of this document from 15 October 1968.]
- [Note: The original publication document is not available and this content could not be verified.]
Chapter I
1. Short title and commencement.
- These Rules shall be called "The Bar Council of Rajasthan Election Rules, 1968" and they shall come into force from the date of their approval by the Bar Council of India.2.
These rules shall be subject to the rules made by the Bar Council of India under the powers vested in it by the Act.3. Interpretation.
- In these rules, unless the context otherwise requires :-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.5. 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.6. Notice of election.
7. Candidate.
- No person shall be entitled to seek election unless his name is in the Electoral Roll.8. Candidates how to be proposed.
- (i) Every candidate for election as a member of the Bar Council, shall be proposed by one voter, and seconded by another voter. The nomination paper (Form "A") shall be delivered to the Secretary either personally or through an agent or sent by registered post so as to reach the Secretary on or before the date specified in the notification under Rule 6.9. Doubts as to validity of proposals.
- The Secretary shall scrutinise 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 or in his absence, an advocate of not less than 15 years standing at the Bar nominated by him in advance 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 the scrutiny before the Secretary as well as before the Advocate-General or in his absence, an advocate of not less than 15 years standing at the Bar nominated by him in advance and make their submissions. No nomination paper shall be rejected except for a defect of a substantial character and the Advocate General may allow any defect to be rectified.10. Withdrawal from election.
- Any person whose name has been proposed as a candidate may withdraw his candidature by a communication in writing so as to reach the Secretary not later than the date specified for the purpose in the notification under Rule 6.11. 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 is less than or equal to the number required by the proviso to Section 3(2)(b) of the Act, they shall be declared elected. 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.12. Publication of list of candidates.
13. Preparation of list of voters.
- The Electoral Rolls containing the list of voters shall be prepared in accordance with the rules of the Bar Council of India. The voter list shall also indicate the place of particular voter or voters would be able to cast his/their vote at the nearest polling booth.[13A. No voter shall be allowed to vote at the election unless he holds identity card issued by the Bar Council of Rajasthan.] [Added by Notification No. BCR/Not. 3/Elect/1998, dated 22.1.1998, Published in Rajasthan Gazette Part VII, dated 29.1.1998, page 191(1), w.e.f. 29.1.1998.]14. Form of voting paper.
- The voting paper shall contain the names of all the candidates. The address of the candidate and the date of his enrolment as Advocate as in the Roll shall be given against the name of each candidate. An asterisk mark shall be put against the name of candidates who on the relevant date have been on the State Roll for at least 10 years for the purposes of proviso to Section 3(2)(b) of the Act. The voting paper shall also bear on it the facsimile of the Secretary's 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'.15. Omitted.
16. Omitted.
17. Voting in person.
- Voters shall cast their votes at the respective polling booths on the dates notified in this behalf.18. Polling booths for voting in person.
- There may be one or more polling booths at each place. Different dates may be fixed for polling at the different booths. Polling shall ordinarily be from 9 A.M. to 5.30 P.M. 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. 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. However atleast one polling booth shall be established at each place having Ten or more voters according to Electoral Roll.19. Second voting paper not to be issued.
- When a voting paper has once been handed over to a voter a second voting paper shall not be issued to him unless he satisfies the Secretary or the Polling Officer as the case may be that the voting paper has been spoilt in which case a duplicate voting paper may be issued to him.20. Despatch of voting papers to Polling Officers for voting in person.
- 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 the papers sent and enclosing an extract from the Electoral Roll relating to the polling booth, and other papers, if any, with necessary instructions.21. Supply of voting papers to voters.
- The Polling Officers shall, on the date and at the time or hour fixed in this behalf, supply a voting paper to each voter in his polling booth, who applies in person therefor, and take his signature in the list of voters against the voter's name to signify the issue of the voting paper. The Polling Officer shall also enter the number of ballot paper so issued in the copy of the Electoral Roll set apart for the purpose.22. Procedure for voting.
23. Marking of ballot paper.
24. Voting paper when invalid.
- A voting paper shall be invalid on which-25. Presence of candidate or his agent during counting.
- At the time of counting, the candidate or his agent shall be entitled to be present.26. Arrangement of valid voting papers in parcels.
- On the day fixed for counting the Returning Officer shall open all the ballot boxes and 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-27. 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-28. 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-29. Transfer of surplus.
- (i) If after exclusion of any candidate under Rule 30 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 provisions of this rule to the continuing candidates indicated on the voting papers of that candidate as being next in order of the voter's preference.30. Exclusion of candidates.
- The Returning Officer conducting the elections shall exclude from the poll candidates as specified in Rule 3(b)(i) of the Council contained in Chapter II, Part III.31. Filling of last Vacancies.
- The procedure prescribed in Rule 3(c) of the Rules of the Council in Chapter II, Part III shall be followed.32. Fractions etc. to be disregarded.
- In carrying out the provisions of Rules 28 to 31, the Returning Officer shall disregard all fractions and ignore all preferences recorded for candidates already elected or excluded from the poll.33. Determination of Result and Publication thereof.
34. Disputes as to the Validity of Elections.
35. Conduct of Elections.
- Except as otherwise provided in these Rules the Secretary shall be incharge of the conduct of the election.Explanation. - For the purpose of these Rules, the "Secretary" shall mean a person appointed as Secretary under Section 11 of the Act, or any other person appointed by the Bar Council to perform the duties of the Secretary under these Rules.The Bar Council of Rajasthan, JodhpurForm 'A'(Under Rule 8)Form of Nomination Paper for Election to the Bar Council of RajasthanToThe Secretary,Bar Council of Rajasthan,Jodhpur.Sir,We nominate.................................................an advocate on the Roll of the Bar Council of Rajasthan enrolled on.................. practising at........................... as a candidate for election to the Bar Council of Rajasthan to be held on...............................................| Date................... | Signature |
| Date................... | Signature |
| Name & Address of theCandidate : | Signature of the CandidateNumber in theElectoral |
| ................................. | Roll ............................... |
| ................................. | Enrolled on.................... |
| Date ................ |
| Name | Date of Enrolment | Ordinary Place of Practice |
| 1 | 2 | 3 |
| Name | Date of Enrolment | Ordinary Place of Practice |
| 1 | 2 | 3 |
| S.No. | Name as in Roll | Date of Enrolment | Place and Address | Mark of Voter |
| 1 | Samson* | 1.5.1905 | ... | |
| 2 | Ranga | 4.5.1965 | ... |