- (1.) The petitioner was admitted on the Roll of Bar Council of Rajasthan with effect from 21st December, 1985, at Ajmer. Later on, the petitioner shifted to Jaipur in the year 1988, and started his practice at Jaipur. He is a member of Rajasthan High Court Bar Association, Jaipur. He deposited the amount of the Advocates Welfare Fund with the Rajasthan High Court Bar Association. This amount was sent to the Council by Bar Association, Jaipur, and thus the respondent was aware of the fact that the petitioner had shifted to Jaipur. This is also apparent from the preliminary Electoral Roll published by the respondent on 23.11.1992, marked Annexure 4. A preliminary Electoral Roll, prepared by the respondent was sent to the Bar Association, Ajmer. Against the name of petitioner, the words "at Jaipur" were mentioned. The petitioner went to Ajmer on 5th December, 1992. Then he came to know that his name in the preliminary Electoral Roll of Ajmer District has been cut and against his name words 'at Jaipur' were mentioned. He was quite confident that the respondent must have included his name in the preliminary Electoral Roll of Jaipur District. Sixth December, 1992, was Sunday. The petitioner resides in Shastri Nagar Area of Jaipur. There was curfew from Seventh December, 1992, upto twelfth December, 1992. The last date of filing objections to the preliminary Electoral Roll, fixed by the respondent was fourteenth December, 1992. Twelfth and Thirteenth December, 1992, were holidays and Courts were closed. When the petitioner came to know that his name was not included in the preliminary Electrol Roll of Jaipur District, he submitted his representation by registered post on 21st January, 1993, and requested the respondent to include his name in the Electoral Roll. The respondent published a notice in Rajasthan Patrika on 19th Jan., 1993, fixing the date of election of twenty five members of Council on third April, 1993 and last date of receipt of nomination papers was fixed as 8th February, 1993. After reading the aforesaid notification of the respondent the petitioner rushed to Jodhpur. He purchased a final Electoral Roll from the respondent and after perusing the same, he came to know that his name was not included in the final Electoral Roll. He requested the respondent to include his name since he was not at fault and his name was left only because of inaction or negligence of the respondent. The Secretary of the respondent informed the petitioner that now nothing can be done in this matter. Under these circumstances, the petitioner had to file the present writ petition on 2nd February, 1993, praying that the respondent be directed to include his name in the Final Electoral Roll of Advocates. It was further prayed that it may be declared that the petitioner is legally entitled to cast his vote and to contest the ensuing elections of Bar Council of Rajasthan, which are going to be held on 3rd April, 1993.
(2.) A notice was issued to the respondent to show cause as to why the writ be not admitted and finally disposed of. The respondent put its appearance and submitted its reply in which beside contesting the writ petition on merits, raised preliminary objections. The respondent admitted that the name of the petitioner was struck off from the preliminary Roll of Ajmer District. It further alleged that as the final Electoral roll was published on 19.1.1993, the representation of the petitioner made subsequent to that for inclusion of his name, could not be entertained. The respondent also raised an objection that as election process has been started by issuing Notification dated 19.1.1993, and as such the writ petition is not maintainable.
(3.) After this, the counsel for the petitioner filed an affidavit of the petitioner, mentioning therein that after the publication of final Electoral Roll, the respondent on 4.2.1993, issued a corrigendum to final Electoral Roll, by which the respondent included names of several advocates, whose names were inadvertently not typed in the final Electoral Roll. The petitioner in his affidavit also mentioned that the respondent did not give intimation to the Rajasthan High Court Bar Association, Jaipur or Ajmer Bar Association, regarding the publication of final voters list nor copy of the same was made available to the aforesaid Bar Associations till 3rd February, 1993. He also enclosed alongwith his affidavit, a letter of the General Secy., Rajasthan High Court Bar Association, dated 3rd Feb., 1993 addressed to the respondent, requesting it for sending a copy of final Electoral Roll.;