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SCBA Elections: Admission to Supreme Court Requires Physical Secret Voting

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A petition has been filed in the High Court seeking guidance to conduct the next High Court Advocates 2020-2021 elections, strictly through secret ballot in physical form, within the meaning of Bye-Law no. 17 of the Bar Association of the Supreme Court.

The petition seeks guidance from the Joint Secretary of Cooperation and Central Secretary, Chairman, Election Committee, 2021, and the High Court Bar Association, stating that more than 70% of all general voters as well as contestants participating in future elections, require that it be conducted in physical form, and not by any other form.

It was raised by Pradeep Lawyer Kumar Yadav who is also a running candidate in the upcoming SCBA elections. It represents a large amount of money by SCBA members will be misused for hiring the services of a virtual election agency.

He also questioned the mechanism approved for the elections. what mechanism is used by the agency to identify the real voter or whether no name voting will take place, how it will be done and how it can be ensured that there will be no mismanagement is debatable, he asked.

SCBA members are reluctant to adopt the Virtual or Hybrid method of elections as most Advocates have returned to their respective local countries and there is a remote access to the internet and the virtual way of elections is not practical and if they do not vote their valid right will disappear. It was requested before this Honorable court to direct the respondent / s to conduct the elections strictly as pre-Law no. 17 of the Bar Association of the Supreme Courtstated in the petition.

The petition said, if the statute provides for a thing to be done in a special way, then it must be done in that way and in no other way, if according to the Registered Legal Rules of the Bar Association of the Supreme Court if the elections are to be made by voting secret should only be done that way.

The Applicant also mentioned that According to Law Bye no. 17 of the Registered Laws of the Bar Association of the Supreme Court

17. ELECTIONS:

The holders of the Office of the Association are elected by secret ballot and the other members of the Committees are elected by secret ballot by single distributive votes in the Annual Elections. No office holder or Committee member is entitled to hold any office for more than two consecutive years. Control in any form on the voting date is prohibited.

Just yesterday, the National Securities Depository (NSDL) issued the Standard Operation Procedure (SOP) for e-Voting in the Upcoming Elections of the Bar Association of the Supreme Court (SCBA) 2020-2021, scheduled to be held on February 27, 2021

In its note regarding the e-Voting system published on the SCBA website, NSDL said, Members can log in to the e-Voting system at https://www.evoting.nsdl.com and log in via User Id and one-time password (OTP) to communicate via registered email and / or phone number to qualified voter members to cast their ballot on the already announced voting day ie 27.02.2021 (10:30 AM to 6:00 PM). In addition to the comfort of home / office, the security, safety and integrity of voting is ensured by secure systems that can not be confused.

The SCBA 2020-21 Election Committee also proposes to hold the town hall meeting virtually to address members’ questions on 20/02/2021 between 11.00 am to 1.00 pm.

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