In a scathing observation on the manner in which Bar Council elections are conducted, the Madras High Court (Madurai Bench) on Monday compared the polling to the legal body with the bypoll to the Dr. Radhakrishnan Nagar Assembly constituency and the infamous Thirumangalam elections, wherein distribution of cash for voters was allegedly institutionalised.
Calling for records of the subscription made to the Advocates Welfare Fund, the court suo motu impleaded the Principal Director, Investigation, Income Tax Department, Nungambakkam, Chennai, as a party in the case and observed that there should be vigilance by the Income Tax Department to control the flow of money during the Bar Council elections due on March 28.
A Bench of Justices N. Kirubakaran and R. Tharani made the observation while hearing a petition filed by S. Baskar Mathuram, who alleged that cash-for-vote had vitiated the elections. He alleged that apart from money, like in the Assembly elections, liquor and food packets were also being offered to woo voters (advocates).
Mr. Baskar sought a series of directions such as fixing the eligibility norms for candidates, seeking declaration of details on movable and immovable properties owned by the candidates while filing nomination, and calling for details on cases, if any, pending against the candidates. He added that a flying squad in each district headed by a sitting or a retired judge in the cadre of a District Judge must be set up to curb irregularities.
Passing interim orders, the judges directed the State Bar Council to produce the records maintained towards the subscription of Advocates Welfare Fund to ascertain if lump sum payments were made towards the welfare fund, and the details of demand drafts used. The court gave the direction after it was brought to its notice that the welfare fund of 1,650 advocates was paid on a single day, amounting to ₹1.81 crore.
The court observed that it could not remain a silent spectator as the Bar Council was entrusted with the administration of the legal profession.
