RULES OF THE BAR COUNCIL OF THE SATE OF ANDHRA PRADESH HYDERABAD
In exercise of the powers conferred by Section 15 and 28 of the Advocates Act, 1961, (Act 25 of 1961), the Bar Council of the State of Andhra Pradesh made the following rules which have been approved by the Bar Council of India.
C H A P T E R – I
SHORT TITLE AND DEFINITIONS
1. These rules may be called the Rules of the Bar Council of the State of Andhra Pradesh and shall come into force with effect from the date of approval of the Bar Council of India.
2. In these rules, unless the context otherwise requires.
(a) “Act” means the Advocates Act. 1961
(b) “Advocate” means and Advocate entered on the Roll of the Council
(c) “Advocate-General” means the Advocate-General for the State of Andhra Pradesh
(d) “Casual Vacancy” means a vacancy that has arisen, otherwise than by efflux of time.
(e) “Chairman” means the Chairman of the Council and includes the Vice-Chairman.
(f) “Council” means the Bar Council of the State of Andhra Pradesh.
(g) “Form” means a form mentioned in Schedule I hereto.
(h) “High Court” means the High Court of Andhra Pradesh.
(i) “Prescribed” means prescribed by these rules.
(j) “Rules” means the rules made by the Council.
(k) “Secretary” means the Secretary of the Council or other person who may be appointed
by the Council to perform the duties of a Secretary, however designated.
(l) “State” means the State of Andhra Pradesh.
(m) “State Roll” means the roll of the Council.
CHAPTER – II
3. In this chapter, unless the context otherwise requires.
(a) “Candidate” means an Advocate, who has been nominated for election.
(b) “Continuing Candidate” means any candidate not elected and not excluded from the poll at any given time.
(c) “Court “ Means
(1) All the operations involved in the counting of the first preference recorded for candidates,Or
(2) All the operations involved in the transfer of the surplus of an elected candidate. Or
(3) All the operations involved in the transfer of the total value of votes of an excluded candidate.
(d) “Election day” means the day or the days on which voting takes place or the date of repoll.
(e) “Exhausted paper” means a voting paper on which no further preference is recorded for a continuing candidate. And includes a voting paper on which:-
(1) The names of two or more candidates, whether continuing or not, are marked with the same word and are next in order of preference, or
(2) The names of the candidate next in order of preference, whether continuing or not, is marked by a word not following consequently after some other word on the voting paper or by two or more words.
(f) “First Preference” means the word “ONE” set opposite the name of a candidate; “Second Preference” means the word “TWO” set opposite the name of a candidate; “Third Preference” means the word “THREE” set opposite the name of a candidate, and so on.
(g) “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.
(h) “Election Officer” means the Secretary of the Bar Council who will be the in charge of the Election process.
(i) “Presiding Officer” means a nominee or nominees of the Bar Council. Such nominee/nominees necessarily be practicing advocate/advocates.
(ii) “Polling Booth” means all such places where Courts are located or such other places notified by the Election Officer taking into account of distance of the Polling Booth.
(iii) For every 500 voters there shall be a separate polling booth.
(iv) “Bar Association” means a Bar Association mentioned in the list of Bar Associations maintained by the Bar Council.
(i) “Surplus” means the number by which the value of the votes, original and transferred, of any candidate exceeds the quota.
(j) “Transferred Vote”, in relation to any candidate, means a vote, the value or part of the value of which is credited to such candidate and which is derived from a voting paper on which a second or a subsequent preference is recorded for such candidate.
(k) “Unexhausted paper” means a voting paper on which a further preference is recorded for a continuing candidate.
(l) “Voter” means any advocate whose name appears on the Electoral Roll of the Council.
(m) “Ballot Paper” means a voting paper prescribed in form 2(A) bearing the fascimile, initial or signature of the Secretary showing the date of election and the number of members to be elected and shall contain the names in alphabetical order of all the candidates who are validly nominated and who have not withdrawn.
Explanation;- A voting paper shall mean a Ballot paper.
(n) The word “Voting paper” wherever used in these rules shall mean and refer to the Ballot paper as defined in Sub-Rule “m”
(A) Every Advocate whose name is on the Electoral Roll of the Council shall be entitled to be nominated for or vote at an election.
(B) The name of an advocate appearing in the State Roll shall not be on the electoral roll, if on information received or obtained by the Council in terms of Rule 3
(D) On the basis of which it is satisfied that:
(a) his name has at any time been removed.
(b) he has been suspended from practice, provided that this disqualification shall operate only for a period of five years from the date of the expiry of the period of suspension.
(c) he is an un -discharged insolvent
(d) he has been found guilty of an election offence in regard to an election to the Council by an Election Tribunal, provided however that such disqualification shall not operate beyond the election next following after such finding has been made;
(e) he is convicted by a competent Court for an offence involving moral turpitude, provided that this disqualification shall cease to have effect after a period of two years has elapsed since his release;
(f) he is in full-time service or is in such part-time business or other vocation not permitted in the case of practicing advocates by the rules either of the Council or of the Bar Council of India.
(g) he has intimated voluntary suspension of practice and has not given intimation of resumption of practice;
(h) his name is transferred to the roll of the advocates of any other State Bar Council by the date fixed for nomination or the voting as the case may be;
(i) he has been found by a competent Court to be or unsound mind.
(j) an advocate shall not be a voter unless he complies with Rules 40 & 42 of the Bar Council of India Rules.
If an advocate who has incurred any disqualification as referred to in Rule 3(B) and does not furnish details about it as required in the notice under Rule 3(D) of these Rules within the time specified shall be deemed to have committed an act of other misconduct as referred to in Section 35 (1) of the Act.
3(C) Subject to the provisions of Rules 3 (B), the name of every advocate entered in the State Roll shall be entered in the electoral roll of the Council.
3(D) In preparing the Electoral Roll, unless, the Council is already maintaining a list of Advocates who are entitled to be voters in terms of Rule 3(B) of these Rules, at least 150 days before the date of election, shall publish notice issued by the Secretary of the Council in Form No.1A in the Official Gazettee and in two or more local news papers, one in English and the other of local language, as may be decided by the Council asking each of the Advocates on the Roll of the Council to intimate the Council within the time to be specified in the said notice or within such extended time as may be given / allowed by the Council for reasons to be recorded, as to whether he has incurred any disqualification mentioned in Rule 3(B) of these Rules (Rule 3(B) has to be quoted in the notice).
4. Election of the members of the Council shall be held at such place and on such day and during such hours as the Council may specify.
(A) There shall be 25 members elected to the Bar Council of the State of Andhra Pradesh. Out of 25 members minimum 13 members must be the advocates who are having the standing of more than 10 years
5. (a) Notice of Election: Notice of the date, time and place of election shall be given by publication under the signature of the Secretary in one issue of English Newspaper, not less than 40 days before the date of election. The notification shall specify inter alia;
(i) The date, time and place for filing nomination;
(ii) The date, time and place for scrutiny;
(iii) The date and time for withdrawal of candidature; and
(iv) The date, place and time for counting of votes.
(b) Copy of the above notice shall be put on the Notice Board of the Bar Council and sent to
1. Registrar-General of the High Court of Andhra Pradesh.
2. All the Dist. Judges.
3. Bar Associations,
4. The Advocate-General, and,
5. May also be sent to the Official Gazettee of the State of Andhra Pradesh
6. After such notification, every candidate for the election as a member of the Council shall be proposed by 10 voters in Form No.1, addressed to the Election Officer and signed by each such voter and delivered or sent by Regd. Post to the Election officer, not less than 20 days before the date of election. The nomination shall be accompanied by a non refundable fee of Rs.2000/-
7. After the expiry of the date fixed for nomination the Secretary shall submit all the nomination papers for scrutiny to the Advocate-General, subject to the result of any election petition, the decision of the Advocate-General as to the validity of the nomination shall be final.
7. (A) The nomination of any person who at the date of scrutiny thereof is subject to any of the disqualification referred to in Rule 3(B) shall be rejected.
8. Any person whose name has been nominated as a candidate may withdraw his name by communication in writing so as to reach the Secretary not later than fifteen days before the date of the election, and thereupon his name shall be omitted from the list of candidates.
9. When the number of candidates duly nominated is equal to the number of seats to be filled, the Election Officer shall declare the candidates as having been duly elected, subject to Rule 4(a) as amended above.
10. In the case voting becomes necessary not less than twelve days before the date fixed for election, the Secretary shall cause the names of all the candidates duly proposed to be pasted on a notice board of the Council, in alphabetical order, and may send copies thereof to the High Court, the District Courts, Presidents of the Advocates’ Association of High Court and other similar associations in the different parts of the State for publication thereof.
(a) A preliminary electoral roll containing the names of all advocates whose names are required to be included under these rules shall be put up on the notice board of the Council within 120 clear days before the expiry of the term of the members of the Council necessitating the election, and relevant portion thereof shall be sent to such Bar Associations as the Secretary considers fit.
Provided that the Bar councils whose term of office has already expired or shall expire within 120 days from the date of commencement of these rules shall as far as possible, publish the electoral roll forthwith and fix the elections for a date after not less than 120 clear days from the date of publication of the electoral rolls.
(b) The final electoral roll shall be prepared after incorporating such changes as may be necessary including the addition of the names of Advocates enrolled after the preparation of the preliminary roll and put up on the notice board of the Council not more than 75 clear days and not less than 60 clear days, before the date of election. Intimation of such publication shall be given within a week after the publication to the Bar Association afore said.
(c) REVISION OF ELECTORAL ROLL: If for any reason the election to the Council is postponed beyond the date of expiry of the term of its members the preliminary or the final electoral roll shall be revised so as to include therein the names of advocates enrolled up to 75 clear days before date of the election.
(d) Before final publication of Electoral Roll as envisaged in Rule 11(b). The Election Officer may, if satisfied, on an application made by any particular advocate giving sufficient reason, allow his name to be included in the Electoral Roll in question, and on such inclusion, the advocate concerned shall be entitled to take part in the election.
(e) The electoral roll of the Council shall inter alia contain the following particulars;
i. Serial Number.
ii. Number on the State Roll,
iii. Name of Advocate as on the roll, and
iv. Address of the advocate.
(a) Voting shall be by secret ballot and the same shall be exercised by the voter on production of Identity Card issued by the State Bar Council. Every voter has to obtain identity Card from the Secretary, Bar Council on or before 15 days earlier to the date of election.
The Election Notification must proclaim that those voters who do not posses the identity Card shall obtain the same from the Secretary, Bar Council.
(b) Not less than ten days before the date fixed for election, the Secretary, shall dispatch by registered post the sealed boxes and the ballot papers to each presiding officer, in the moffusil. The said Officer shall conduct the election in the manner specified by the Council, and after the ballot is concluded or after the expiry of the time fixed for election, he shall seal the slit of the ballot box in the presence of the candidates or their agents, who shall be entitled to affix their seals. The said Officer shall dispatch the ballot boxes by registered parcel to the Secretary, the date following the poll, duly packed and sealed.
(c) The Secretary shall send a copy of the Voters list in the polling area to the presiding officer along with the ballot papers and all the voters in the said area shall vote at the place fixed for election by the concerned presiding officer.
(d) After the polling is concluded or after the time for election is over, which ever is earlier the Presiding Officers shall seal the ballot boxes in the presence of candidates or their agents, who shall be entitled to affix their signatures on the seals.
(e) Each voter attached to a particular polling station shall be entitled to vote at that polling station only.
13. Election and all matters relating thereto for which provision is made in these rules shall be conducted under overall supervision of the Election Officer with the assistance of any other person or persons authorized by him in this behalf.
14. Supply of ballot papers to voters: The Presiding Officer shall, on the date and at the time or hour fixed in this behalf, on production of Identity Card, supply a ballot paper to each voter, who appears in person and take his signature in the voters list against the voter’s name to signify the issuance of the ballot paper.
15. When a ballot paper has been handed over to a voter under Rule 14, a second ballot paper shall not be issued to the voter unless he satisfies the Presiding Officer that the ballot paper has been spoilt or mutilated or destroyed in which case a duplicate ballot paper may be issued to him.
16. (1) Every voter shall have only one vote at the election, irrespective of the number of
seats to be filled.
(2) A voter in giving his vote –
(a) shall place on his ballot paper, the word ”ONE” in the space opposite the name of the candidate whom he chooses for his first preference.
(b) may place on his voting paper, the words “TWO” ‘THREE’,’FOUR’, and so on, in the space opposite the names of the other candidates in the order of his preference.
(3) A ballot paper shall not be signed by a voter, and in the event of any erasures, obliterations or alterations in the ballot paper or of the ballot paper purporting to have been signed by the voter, the ballot 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.
(4) The decision of the Advocate-General whether a voting paper has or has not been defaced shall be final.
17. A voter shall, after filing the ballot paper, deposit the same in the ballot box.
A. If a written complaint is made by any Presiding Officer within 48 yours from the date of poll regarding malpractice or irregularities in the process of poll, the Advocate-General of the State of Andhra Pradesh on being satisfied about such irregularities or malpractices, shall order repoll in respect of the concerned polling booth within 3 days from the date of receipt of the complaint. The said repoll shall be held within 4 days from the date of said order.
18. As soon as may be, after the receipt of the ballot boxes from the Presiding Officers in the moffusil, the Secretary shall open the ballot boxes at such time and place as notified by him, in the presence of the candidates or their agents who may be present and shall start counting of votes. The candidate or his nominee shall be permitted by the Election Officer to observe the counting process.
19. A Ballot paper shall be invalid on which:
(a) the word “ONE’ is not written; or
(b) the word ‘ONE’ is set opposite the names 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 word “ONE” and some other words are set opposite the name of the same candidate; or
(d) there is any mark in writing by which the voter can be identified.
20. After rejecting the voting papers which are invalid or which cannot be taken into account for the purposes of the election under these Rules, the Secretary, shall
(a) Arrange the remaining voting papers in parcels according to the first preference recorded for each candidate.
(b) count and record the number of papers in each parcel; and
(c) credit to each candidate the value of papers in his parcel.
21. Every ballot 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 values credited for a candidate under clause (c) of Rule 20;
(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.
22. 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 that candidate is equal to or greater than the quota, that candidate shall be declared elected.
(1) If 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 next in order of the voters preference.
(2) If more than one candidate have a surplus, the largest 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 the second count and so on.
(3) Where there are more surpluses than one to distribute and two or 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 votes is equal, the Secretary, shall decide by lot which candidate shall have his surplus first distributed.
(a) If the surplus of any candidate to be transferred arises on the original votes only, the Secretary 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 Secretary 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 Secretary shall transfer all 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 Secretary 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.
(5) If the surplus of any candidate to be transferred arises from transferred as well as original votes, the Secretary shall re-examine all the papers in the sub-parcel last transferred to the candidate, divide the un-exhausted papers into sub-parcels according the next preferences recorded thereon, and then deal with the sub-parcels in the same manner as is provided in the case of sub-parcels referred to in sub-Rule (4).
(6) The papers transferred to each candidate shall be added in the form of a sub-parcel to the papers already belonging to such candidate.
(7) All papers in the parcel of sub-parcel of an elected candidate not transferred under this rule shall be set apart as finally dealt with.
(1) If, after all surpluses have been transferred as herein before provided, the number of candidates elected is less than the required number, the Secretary shall exclude from the poll the candidate lowest on the poll and shall distribute his unexhausted papers among the continuing candidates according to the next preferences recorded thereon, and all exhausted papers shall be set apart as finally dealt with.
(2) The papers containing original votes of an excluded candidate shall first be transferred, the transfer value of each paper being one hundred.
(3) The papers containing transferred votes of an excluded candidate shall then be transferred in the order of the transfers in which and at the value at which he obtained them.
(4) Each of such transfers shall be deemed to be a separate transfer, but not a separate count.
(5) If, as a result of the transfer of papers, the value of votes obtained by a candidate is equal to or greater than the quota, the count then proceeding shall be completed, but no further papers shall be transferred to him.
(6) The process directed by this rule shall be repeated on the successive exclusions one after another of the candidates lowest on the poll until such seat is filled either by the election of a candidate with the quota or as hereinafter provided.
(7) If at any time it becomes necessary to exclude a candidate and two or more candidates have the same value of votes and are the lowest on the poll, regard shall be had to the original votes of each candidate and the candidate for whom fewest original votes are recorded shall be excluded; and if the values of their original votes are equal, the candidate with the smallest value at the earliest count at which these candidates had unequal values shall be excluded.
(8) If two or more candidates are lowest on the poll and each has the same value of votes at all counts, the Secretary shall decide by lot which candidate shall be excluded.
(1) When at the end of any count the number of continuing candidates is reduced to the number of seats remaining unfilled, the continuing candidates shall be declared elected.
(2) When at the end of any count only one seat remains unfilled and the value of the papers of some one candidate exceeds the total value of the papers of all the other continuing candidates together with any surplus not transferred, that candidate shall be declared elected.
(3) When at the end of any count only one seat remains unfilled, and there are only two continuing candidates and each of them has the same value of votes and no surplus papers can be transferred, the Secretary shall decide by lot which of them shall be excluded, and after excluding him in the manner aforesaid, declare the other candidate to be elected.
26. In carrying out the provisions of rules 20 to 23 the Secretary shall disregard all fractions and ignore all preferences recorded for candidates already elected or excluded from the poll.
(1) Upon the completion of count, a list of the candidate elected to the Council shall be prepared and signed by the Secretary and submitted by him to the Chairman who shall certify the same by his signature.
(2) After such certificate, a copy of the list shall be published in the State Gazettee and shall also be sent to the Presidents of the Advocates’ Association of the High Court and similar Associations in different parts of the State.
(3) On the publication of the list in the State Gazettee, the persons whose names appear in the list shall be deemed to have been elected.
(1) Any defeated candidate may contest the validity of the election of a candidate by an election petition to be verified by him and sent to the Secretary of the Council and the same shall be accompanied by six true copies, together with a cash deposit of Rs.5000/-
(2) Such petition shall state the grounds on which the validity of the election is contested shall be delivered or sent to the Secretary so as to reach him within 30 days of the date of publication in the Extraordinary State Gazettee of the list under Rule-27.
(2) (a) Consideration of the Election Petition shall be limited to the grounds raised therein.
(3) The Secretary shall on receipt of any such petition refer the dispute arising there from to the Tribunal specified in rule 30 for decision.
(4) Pending the decision of an election dispute, the candidate whose election is challenged shall be entitled to continue in office, and no act, order or resolution of the Council or any of its Committees shall be called in question on the ground only that his election was invalid.
29. At the expiry of twenty one days from the date of publication aforesaid of the list the ballot papers shall be destroyed. Provided that where the validity of an election has been challenged under rule 28, the ballot papers shall be preserved and dealt with as the Tribunal specified in rule 30 may direct.
(1) Any dispute arising under Rule 28 shall be decided by a Tribunal of 3 members who are advocates of not less than 20 years standing nominated by the Bar Council of the State of Andhra Pradesh and who are not the members of the Bar Council.
(2) The decision of the Tribunal shall be final.
(3) The Tribunal may award costs if it thinks fit and it shall be executable as a decree in any executing court at the place where the person against whom the order is made is ordinarily practicing or residing; and the provisions of the Code of Civil procedure shall apply as far as may be therefore.
a. In the case of the dismissal of election petition, the amount of costs, if awarded shall be paid from out of the deposit made under Rule 28(1).
b. The deposit amount under Rule 28(1) shall be refunded to the depositor, subject to the above clause (a), after 15 days from the date of the disposal of the election petition.
31. If the Tribunal decides that a candidate has not been validly elected, the vacancy shall be filled up as provided in the case of casual vacancy.
32. Not with standing 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 on the date so fixed and no such proceedings and no order made by the Election Tribunal in any such proceedings shall be invalid merely by reason of the absence of the Chairman or Member thereof on any such date, provided that any two out of 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 any Election Tribunal are present.
33. The Chairman and Vice-Chairman of the outgoing Council shall continue in the office till others are elected in their places.
34. The Chairman or in his absence, the Vice-Chairman of the Council, shall preside over the first meeting of the Council constituted under these rules for election of Chairman, and Vice-Chairman and in their absence, any other member, elected by the members present, shall preside for this purpose. The Chairman of such meeting shall not be disqualified by reason only of his presiding over the said meeting for election as Chairman or Vice-Chairman of the Council.
35. The election of Chairman and Vice-Chairman shall be conducted in the following manner.
(a) Every candidate for election as Chairman and Vice-Chairman shall be proposed by at least one member of the Council and shall be seconded by another. Such nomination shall be filed in writing before 3 P.M. on the day previous to the day of the election. Any member of the Council, whose name has been proposed for the place of the Chairman or Vice-Chairman, may decline to stand for election.
(b) If one candidate alone is proposed for each of the two places of Chairman and Vice-Chairman, or if one candidate alone remains after withdrawals by others, if any, the Chairman shall declare them duly elected to the respective offices.
(c) If there are more number of candidates contesting for the office of the Chairman and Vice-Chairman of the Council than one, election of the Chairman will be conducted first and it will be followed up by the election of the Vice-Chairman.
(d) Voting papers bearing the names of the candidates duly proposed and seconded will be handed over by the Chairman to the members of the Council for the purpose of enabling them to exercise their franchise.
(e) A voter, in recording his vote, shall place on his voting paper the figure “X” in the space opposite the names of the candidate whom he chooses for the office of the Chairman and Vice-Chairman as the case may be.
(f) A voting paper shall be invalid in which the figure “X” is set opposite to the names of more than one candidate, or is so placed as to render it doubtful to which candidate it is intended to apply or there is any other mark or writing by which the voter can be identified.
(g) The decision of the Chairman on the question as to whether or not the voting paper is invalid will be final. The Members of the Council after marking the necessary entry in the voting papers given to them shall place the same in the sealed box which will be kept ready for the purpose.
(h) After the recording of votes polled is completed, the Election Officer, shall open the box in which ballot papers are deposited and count the votes secured by each candidate in the presence of all the candidates in the election. He shall then declare the candidates who have secured maximum number of votes duly elected as Chairman and Vice-Chairman as the case may be.
(i) In the case of equality of votes the result shall be decided by casting lots on the spot.
A. No- Confidence Motion:
i. The Chairman or the Vice-Chairman, as the case may be, can be removed by a motion of non-confidence. Provided such no confidence shall not be moved within two years from the date of election.
Provided further that once no confidence motion is moved and is not carried out, no further no confidence motion shall be moved with in two years.
The vote of no confidence shall be taken up by secret ballot.
ii. Notice of No-Confidence Motion:
Notice of no confidence motion can be moved by not less than 13 members of the Bar Council and it shall be handed over to the Secretary, Bar Council in person, by any one of the signatories.
iii. On receipt of such notice, the Secretary shall convene the meeting of the Council within 15 days from the date of receipt.
iv. The Chairman and the Vice-Chairman shall cease to hold the post at the expression of No Confidence by 2/3rd’s majority of the total members of the Bar Council including casual vacancies.
B. In a meeting of election for the post of Chairman and Vice-Chairman, it shall be presided over by the Chairman, if he is not a candidate; if he is a candidate, the Vice-Chairman shall preside over the same, if he is not a candidate; if both are candidates, it shall be presided over by the senior most member of the Bar Council.
36. In case of dispute as regards the election of Chairman and Vice-Chairman, the procedure in Rule-30 above shall apply, provided that the application shall be filed within seven days of election.
37. There shall be vacancy in the office of the Chairman or Vice-Chairman whenever he ceases to be a member of the Council and such vacancy shall be filled up by election as provided in Rule 35 above.
38. The Council shall elect one of its members as member of the Bar Council of India in the manner prescribed by the later.
A) The results of the election for Chairman and Vice-Chairman and to the Member of the Bar Council of India shall be declared simultaneously after completion of the poll for all the said three posts.
39. Any casual vacancy among the elected member of the Council shall be filled by the Council by co-option, of a candidate who is the next to the last Member elected in the election of the Member of this Council, provided that the member thus co-opted shall continue in office only for the unexpired period of the term of the member whose vacancy he fills up.
40. An elected member of the State Council shall be deemed to have vacated his office.
(a) If he is suspended from practice, or his name is removed from the roll by an order of a competent authority, or for any reason what so ever he ceases to be an advocate.
(b) If he is adjudicated as an insolvent.
(c) If his name is transferred to the roll of another State Council or
(d) If he becomes of unsound mind.
C H A P T E R – IV
Rules framed under Sec.28. (2) (d) read with Sec.24(1) (e)
70. A person who is otherwise qualified to be admitted as an Advocate but is either in full or part-time service or employment or is engaged in any trade, business or profession shall not be admitted as an Advocate. Provided however that this rule shall not apply to:-
- Any person who is an articled Clerk of an attorney.
- Any person who is an assistant to an Advocate; or to an attorney who is an Advocate.
- Any person who is in part-time service as a Professor, Lecturer or Teacher-in-Law.
Provided that in the opinion of the State Bar Council the nature of employment does not conflict with his professional work, and is not inconsistent with the dignity of the profession. This shall be subject to such directions, if any, as may be issued by the Bar Council of India from time to time.
- Any person who by virtue of being a member of a Hindu Joint family has an interest in a joint Hindu family business, provided he does not take part in the management thereof; and.
- Any class of persons as the Bar Council may from time to time exempt with the approval of the Bar Council of India.
70. A. Every candidate for admission as an advocate by the Bar Council of the State of Andhra Pradesh, whose medium of instruction in the Law Degree course is not in English, shall pass a preliminary examination in English conducted by the Bar Council.
Provided that a candidate who has taken his law degree with English as an optional subject shall not be required to pass such preliminary examination in English.
70. A person suffering from a contagious disease which the opinion of the State Bar Council makes his practice of Law a hazard to the health of others shall not be enrolled during the time that person concerned continues to suffer from the said disease.
70. *AAA. Deleted
- Every person applying to be admitted as an Advocate shall in his application make a declaration that he is not in full or part-time service or employment and that he is not engaged in any trade, business or profession. But in case he is in such full or part-time service or employment or is engaged in any trade, business or profession he shall in the declaration disclose full particulars of his service, employment or engagement. He shall also undertake that if, after his admission as an Advocate he accepts full or part-time service or employment or is engaged in any trade, business or profession disqualifying him from admission, he shall forthwith inform the Bar Council of such service or employment or engagement and shall cease to practise as an Advocate.
* As per the Judgement of the Supreme Court dated 25-4-1996.
- No Advocate shall accept any employment which, in the opinion of the Council, is derogatory to the status of an Advocate. And if he does so, he shall be liable to be proceeded against for professional misconduct.
- A breach of the above mentioned rules or any undertaking given in pursuance thereof shall amount to professional misconduct.
74. The application shall be accompanied by the following :-
(a) A diploma or a certificate showing that the applicant has taken a degree in law of a University in India. A certificate showing that he is a graduate before he joined the Law Degree course and a certificate showing his date of birth.
- Certificate, in the form prescribed, as to his moral character and of his fitness to be an Advocate on the Roll of Advocate of the Bar Council of Andhra Pradesh from atleast two persons of respectability and position (not being his relations) preferably Advocates on the Roll of the Bar Council of Andhra Pradesh. Where the applicant is a person already enrolled as a Vakil, Pleader or any attorney he shall not be required to produce such certificates.
- A declaration in writing by the applicant that he will faithfully observe and abide by all rules made by the Bar Council and the Bar Council of India as amended from time to time for regulating the conduct of Advocates on the State Roll and the Common Roll of India.
- A declaration as to whether the applicant has made any previous application for admission as Advocate to any High Court and the result thereof.
- A declaration that he is a citizen of India or a national of a country ………………………………. Where citizens of India, duly qualified, are permitted to practise in law.
- A receipt from the Secretary, of the Bar Council that the applicant has paid the fee prescribed for enrollment under Section 24(1))(f).
- A declaration that the applicant has completed 21 years of his age on or before the day of the application.
- A declaration that the applicant is not in full or part-time employment or service and is not engaged in any trade, business or profession except as follows:-
i. Any person who is an Articled Clerk of an Attorney;
ii. Any person who is an assistant to an Advocate or to an Attorney who is an Advocate;
- Any person who is in part-time service as a Professor, Lecturer or Teacher-in-law.
- Any person who by virtue of being a member of a Joint Hindu family has an interest in a joint Hindu Family business provided he does not take part in the management thereof;
- Any other person or class of persons as the Bar Council may from time to time exempt; and
The two undertakings to be given in the following terms:-
- I do hereby undertake that if after my admission as an Advocate, I accept full or part-time service or I am engaged in any trade, business or profession (other than such as is exempted by the State Bar Council from the operation of this undertaking)) I shall forthwith inform the Council of such employment or engagement and shall cease to practise as Advocate.
- I do hereby undertake that I shall not accept any employment which, in the opinion of the Bar Council, is derogatory to the status of an Advocate.
75. The application for admission shall be in the form to be approved by the State Bar Council.
75. A. The application shall be scrutinized by the office and submitted to Enrolment Committee of the Bar Council. The Enrolment Committee shall proceed to dispose of every application in accordance with the provisions of the Act, the rules made thereunder and the resolutions passed and/or directions given and/or the principles laid down from time to time by the Bar Council and then in force.
75. B. In the event of the Enrolement Committee feeling any doubt or difficulty as to the eligibility of the person seeking admission or as to interpretation of any of the provisions of the Act, the Rules, resolutions or directions or principles, it shall refer the application to the State Bar Council for clarification of such doubt, difficulty or such question and shall finally dispose of the application in the light to the ruling and/or directions given by the Bar Council in that behalf.
75. C. If the Enrolment Committee should be of the opinion that any application for admission made to the Bar Council and referred to it for disposal ought to be rejected, it shall record its reasons in a statement and shall refer the application under Section 26(2) of the Act, for the opinion to the Bar Council of India through the Bar Council and dispose it of in conformity with the opinion of the Bar Council of India.
C H A P T E R – V
DECLARATION UNDER SECTION 17
76. All persons who were entered as Advocates on the Roll of any High Court under the Indian Bar Councils Act, 1926 immediately before 1st December, 1961, shall express their intention to practise within the Jurisdiction of the Council in Form No.13.
C H A P T E R – VI
77. The Council shall maintain a Roll of Advocates as provided in Section 17 of the Act, consisting of two parts, one for Senior Advocates and one for other Advocates.
78. The Council shall send to the Bar Council of India authenticated copy of the Roll of Advocates and all alterations in and additions to the such Roll under Section 19 of the Act to the Bar Council of India, as well as the High Court.
79. Whenever an Advocate on the roll suspends practice, he shall intimate the said fact to the Council within 15 days, thereof and shall not resume practice unless he gives previous intimation thereof to the Council. The Secretary shall not such suspension or resumption of practice in the roll against the name of the Advocate. He shall make similar entries against the name of person in employment declaring his intention under Section 17(1) and desiring that his name be included in the State Roll.
80. Whenever and advocate is transferred to the roll of any other State Bar Council, his name shall be struck off and an endorsement be made against his name to that effect and whenever and advocate is transferred to the roll of the Council form that of any other State Bar Council, his name shall be included in the list of senior or other advocates as the case may be.