A.J.SHASTRI,J. - (1.) The present petition is filed by the petitioners for seeking following reliefs : (A) Your Lordship be pleased to issue a writ of certiorari to quash and set aside the impugned final voters list dated 8.12.2017 and to pass appropriate directions to delete the names of the provisionally enrolled members (on provisional eligibility) from the final voters list issued by the respondent No.4 on 8.12.2017. (B) Your Lordships be pleased to issue a writ of mandamus directing the respondents to verify, inquire and investigate the final voters list and thereby to delete, cancel, reprobate the provisional members (provisional eligibility) from the final voters list published on 8.12.2017 as such members are disentitled to cast vote in view of the circular and resolution of the Bar Council of India; (C) Pending admission and final hearing of the present petition, Your Lordships be pleased to direct the respondent No.4 to restrain from allowing the provisional members to cast their votes in the election to be held on 22.12.2017 and strictly comply the circular dated 12.4.2013 issued by respondent No.1."
(2.) The premise on which the present petition is filed is essentially the advocates, who are issued provisional certificate of practice and who have not cleared AIBE, still shown in the final voters list, are whether entitled to cast their vote in the ensuing Bar Association election for the year 2017 18 to be conducted on 22.12.2017. It has also been contended that these advocates, who have not cleared this All India Bar examination, cannot be treated at par with regular advocates and based upon the circular issued by the Bar Council of India dated 12.4.2013, a contention raised that these provisional advocates/members, though reflected on final electoral roll are not entitled to cast the votes in ensuing election which is scheduled on 22.12.2017 and by referring to this circular of 2013, the reliefs are prayed for.
(3.) However, on advance copy being served, the respondents herein have appeared through their respective advocates. During the course of hearing, learned advocate for the petitioners has submitted that present election for the year 2017 18 is being conducted on the principle of 'one vote one bar' and in view of the approved Rules of 2015 and as a part of election process, electoral roll has been prepared and published by the Baroda Bar Assocaition. It has been projected before the Court by learned advocates appearing for the petitioners and the respondents that possibly this is the only Bar where the provisional members have been included in voters list which is generated on the eve of election.;