Madras High Court to wait for SC hearing on Bar polls

The first bench comprising Chief Justice Indira Banerjee and Justice Abdul Quddhose on holding that necessary leave or clarification in this regard may be obtained from the Supreme Court said, “Since the matter is posted for hearing before the Supreme court to Wednesday, we deem it appropriate to adjourn this writ application till February 5 and await the clarification/direction of the Supreme Court as to whether we can proceed to pass orders as prayed for in the writ petition.”

Also, holding that the letter written by the Advocate General referred to in the affidavit in support of the petition is alarming, the bench held,  “Considering the submission of the parties and the undoubted need for free and fair election, perhaps the prayer for appointment of a neutral committee of retired judges, either of the Supreme Court or of this court, may be justified.” 

“However, the question is whether we should pass any order at this stage when the Supreme Court is seized of the election of the Bar Council and one of the transfer petitioners,” the bench added. The petition which sought for a neutral committee of judges to monitor the BCTP polls had contended, “Of late, the membership of the Bar council has become a much-coveted office, as members often wield extra-official authority. 

Attempts are made to win the election by hook or by crook by indulging in all forms of malpractices, including offer of incentives to buy votes.”