Case Note & Summary
The Supreme Court addressed an application for clarification and modification of a prior judgment dated 20th July 2012 concerning the voting rights of members of the Supreme Court Bar Association (SCBA) and the Supreme Court Advocate-on-Record Association (SCAORA). The application was filed by the SCBA, represented by its Secretary, Mrs. B. Sunita Rao. The court noted an omission in paragraph 14 of the earlier judgment, which stated that individuals who contested elections to any Court annexed Bar Association from 2007 to 2012 were not permitted to vote in SCBA elections. It was pointed out that the SCAORA had inadvertently been excluded from this provision, despite being integral to the SCBA. The court accepted this suggestion and modified the judgment to include the SCAORA in the voting restrictions. Additionally, the court declined to modify the provisions regarding the number of filings in a year, as it was satisfied that all advocates and SCBA members would be accounted for through the Supreme Court High Security Zone Proximity Card system. The application was allowed to the extent of the modification in paragraph 14.
Headnote
A) Civil Procedure - Modification of Judgment - Clarification on Voting Rights - Supreme Court Bar Association Act, Not mentioned - The court accepted the application for modification of a previous judgment to clarify voting rights concerning members of the Supreme Court Advocate-on-Record Association, ensuring they are included in the voting restrictions. Held that the modification was necessary to reflect the correct interpretation of the voting principle (Paras 1-3).
Issue of Consideration
Whether to clarify and modify the judgment regarding voting rights of members of the Supreme Court Bar Association and the Supreme Court Advocate-on-Record Association.
Final Decision
The court modified paragraph 14 of the judgment dated 20th July 2012 to include the Supreme Court Advocate-on-Record Association in the voting restrictions and allowed the application to that extent.
Law Points
- Modification of judgment
- voting rights
- Bar Association elections
