THE BAB COI'NCII OF TAMIINADU & PIIDUCI{ERBY

J ustice G. M.AKBAR AL, (Retd.)D r.J ustice T. MATHIVAN AN Beta1RETURNING OFFICERS

High Court Campus,Chonnai - 600 104.Phoae No.: 2634 2739,2635 2595E.mail : tnbarcouncil@yahoo.comwww. barcouuciloftamilnadupuducherry. org

07.04.2018Dated

PROCEEDINGS OF TH E RETURNING OFFICERS

The Bar Council of lndia had been issuing guidelines periodically

regarding the notification of election date, polling date etc. The guidelines

regarding campaigning by the candidates and the instructions to voters were also

issued periodically between February and March 2018.

ln the communication dated 22.02.2018, the Bar Council of lndia under

clause 4 has stated that "The Counting teams should be from some other States

and should not belong to the same state". Under clause 7 has stated that "any

and every decision taken by Special Committee/s of the concerned State Bar

Council/s/ R.O. with regard to election or counting shall require the approval of

the concerned Election Tribunal constituted by Bar Council of lndia and approved

by the Honourable Apex Court or of any person duly authorized by such Election

Tribunal.

Between 22.02.20'18 and 28.02.2018, the Returning Officers were

engaged in scrutinisation of nomination and finalization of the list and the list was

published on 01.03.2018. From 01.03.2018 till the election date i.e. on

28.03.2018, the Returning Officers were engaged in polling arrangement;

appointment of Polling Officials etc. throughout the Tamil Nadu.

The election was conducted peacefully on 28.03.2018. The Bar Council of

lndia had sent a communication on 30.03.2018 stating that by a resolution dated

21.01 .2018, the counting of votes after the election would begin with effect from

07.04.2018. Since from 29.03.2018 to 01.04.2018 were holidays, on 02.04.2018,

the Returning Officers sent a request to the Election Tribunal No.1 to permit them

to begin the counting from 09.04.2018 for the reasons stated therein.

Bar & Bench (www.barandbench.com)

TIIE BAN COI]NCIL OF TAII{IINADU & PIIDUCI{ERRY

Justice G.M.AKBAR AL, (Retd.)D r.J ustice T.M ATH IVAN AN ,aetd;RETURNING OFFICERS

High Court Campus,Choanai - 600 104,Phone No.: 2634 2739,2635 2595E-meil : tnbarcouacil@yahoo,comwww.barcouuciloftamilaadupuducherry.org

Dated

-2-

On 03.04.2018, the Bar Council of lndia sent a communication that the

Election Tribunal had granted permission and fixed the date for counting on

09.04.2018.

The appointment of officials for counting of votes was discussed by the

Returning officers. since the team from other state involves the issues of time

and finance and also coming to know that the Bar Council of Kerala had been

permitted to appoint the counting team from their own State, it was decided to

address the Honourable Tribunal to permit the Returning Officers to engage a

team of Retired Judicial Officers of the State of Tamil Nadu and to engage

Ex.Assembly Secretary, who is expert in counting the preferential vote. ln the

said letter, clauses 4 and 7 were also referred. This letter was received by the

Secretary to the Election Tribunal on 03.04.2018 itself. But, the Election Tribunal

has neither rejected nor allowed that application. Therefore, the Returning

Officers have proceeded with the appointment of the team of Retired Judicial

Officers for Tamil Nadu and under the guidance of Ex.Assembly Secretary for the

counting.

On 05.04.2018, the Returning Officers have also pubtished the step-by-

step process of counting and the engagement of officials of the local team.

To the surprise of the Returning Officers, on 06.04.2018 at 06.40 p.m. the

Joint Secretary Mr.Ashok Kumar Pandey of Bar Council of lndia sent a

communication referring to the letter dated 03.04.20'18, which was received on

the same day. Under this letter, it is stated that the representation to engage the

local team has to be dealt with by the Honourable Election Tribunal and

therefore, the letter will be placed before the Honourable Election Tribunal for its

consideration in its next meeting. lt is further stated that as follows :-

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Justice G.M.AKBAR AL, (Retd.)

D r.J ustice T.MATH IVAN AN (Retd.)RETURNING OFFICERS

High Court Campua,Chsunai - 600 10.1.Phone No.: 2634 2739,2535 2595E-mail : tabarcouncilSyahoo.comwww.barcounciloftamilnadupuducherry.org

Dated

-3-

"if it is not advisable to start the counting of votes without a team

from other State; you are requested not to start the counting of

votes with a team from your own State trom 07.04.2018 till the

decision of Honourable Election Tribunal on your aforementioned

representation/letter is taken. Meeting shall be held at the earliest."

ln response to this letter, the Returning Officers have immediately sent an e-mail

to the Secretary stating that since the representation was pending from

03.04.2018 without any response, they proceeded with appointment of local

Retired Judicial Officers and also brought to their knowledge that the Bar Council

of Kerala had also been granted permission to engage the team from their own

State.

The Returning Officers have also assured to engage retired District

Judges from neighbouring States along with local team. However, by acommunication dated 07.04.2018 received at 03.15 p.m. the Bar Council of lndia

has reiterated that even the team from other States has to be approved by the

Honourable Election Tribunal.

The Returning Officers have sent a detailed letter enclosing the list of local

team and a list of team from neighbouring States for approval.

THE BAB COT]NCII OF TAMIINADU & PI.IDUCI{ERBY

Bar & Bench (www.barandbench.com)

THE BAN COI]NCIL OF TAT{IINADU & PI]DUCHERRY

Justice G.M.AKBAR AL, (Retd.)D r.J ustice T.M ATH IVAN AN (Retd.)RETURNING OFFICERS

Iligh Court Campus,Chsnaai - 600 104.Phoue No.: 2654 2759,2536 2696E-mail : tnbarcouucil0yehoo.comwww.barcounciloftamilaadupuducherry. org

Dated

-4-

Therefore, in view of the fact that the Bar Council of lndia has assured that

our representation dated 03.04.2018 shall be placed before the Honourable

Election Tribunal No.1 for its decision in the next meeting and in view of the

direction received from the Bar Council of lndia dated 06.04.20'18 and

07.04.2018, we are not in a position to commence the counting on 09.04.2018.

The candidates are assured that the ballot boxes are secured safely and the

counting date will be intimated immediately after receipt of the communication

from the Honourable Election Tribunal No.1 and the Bar Council of lndia.

Sd/-xxxx Sd/-xxxx

(JUSTICE G.M.AKBAR ALI) (Dr. JUSTICE T.MATHIVANAN)RETURNING OFFICERS

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