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Union of India - Section

Section 12 in Bar Council Of India Rules

12.

(1)
(a)The election of the Chairman and Vice-Chairman shall be held at a meeting of the Council.
(b)At every such meeting for the election of the Chairman, the Vice-Chairman, if he is not a candidate,shall preside. In the absence of the Vice-Chairman, a member of the Council who is not a candidate, elected by the members present, shall preside.
(c)In the case of the election of the Vice-Chairman, the Chairman, or in his absence the Vice-Chairman, if he is not a candidate, shall preside.
In the absence of the Chairman and the Vice-Chairman, any member of the Council who is not a candidate, elected by the members present, shall preside.
(d)
(i)The name of the candidate for the election shall be proposed by one member and seconded by another member at the meeting.
(ii)No member shall propose or second more than one name.
(iii)If only one member has been duly nominated, he shall be declared elected.
(iv)Any candidate nominated may withdraw before voting takes place.
(e)If the number of candidates duly nominated is more than one, there shall be an election by secret ballot.
(f)The Secretary shall provide voting papers with the names of the candidates. Each voting paper shall bear the signature of the Secretary.
(g)A voter in giving his vote shall place on his voting paper a 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 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 the vote purporting to have been given thereby shall not be taken into account for the purposes of the election. The decision of the Chairman of the meeting whether the voting paper has or has not been defaced shall be final.A voting paper shall be invalid on which-
(i)the mark "X" is not made, or
(ii)the mark "X" 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
(iii)the mark "X" and any other mark or figures are set opposite the name of the same candidate, or
(iv)there is any mark in writing by which the voter can be identified.
(v)The Secretary shall count the valid votes immediately after the close of the voting.
The member securing the largest number of votes shall be declared elected. In the case of two or more members securing an equal number of votes, the Chairman of the meeting shall decide the election by drawing lots.
(2)[ The Chairman or the Vice-Chairman shall hold office for a period of two years, or until his term of office as member of the Bar Council of India ceases, whichever is earlier.]
(3)The Chairman or the Vice-Chairman may resign his office by letter addressed to the Secretary of the Council. Such resignation shall take effect from the date of the acceptance thereof by the Council or from such other date as the Council may fix:Provided that in the eventuality of mid-term poll of the office of the Chairman or Vice-Chairman, the term shall be of the residuary term.