IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP No. 4584 of 2011. Decided on: June 18, 2011. Jitender Kumar Sharma. Vrs. Election Tribunal, Bar Council of HP & anr. Coram The Hon’ble Mr. Justice Kurian Joseph, Chief Justice The Hon’ble Mr. Justice V.K. Sharma, Judge. For the petitioner: Mr. Sanjeev Bhushan, Advocate. For the respondents: Mr. Ajay Mohan Goel, Advocate. ---------------------------------------------------------------------------------------------- Justice Kurian Joseph, C.J. (Oral) The petitioner, a practicing lawyer approached this Court seeking for a direction to include his name in the final voters list. In the peculiar facts and circumstances of the case, by an interim order dated 17.6.2011, this Court has granted permission to the petitioner to participate in the election. Therefore, on facts, this Writ Petition has rendered infructuous. 2. However, for future guidance, we feel that it is in the interest of all concerned to issue a direction to the Bar Council that the election to the Bar Council should be conducted in a fair and foolproof manner. When the preliminary voters list is published, every endeavour shall be made to see that the names of the members who have ceased to be members either by death or by any other due process, are not included in the voters list. The authority need not wait for such names to be pointed out by others. On the death of a member of a Bar Association, the respective Bar Association should inform the matter to the Bar Council so that the name is removed from the electoral roll. The Bar Council should undertake this exercise of verification by notice to all Bar Associations within a period of three months from today. Thereafter, the Bar Council should direct the Bar Associations to intimate such events to the Bar Council within at least a month of the member ceasing to be on the rolls by any process. Once the preliminary voters list is published and the objections considered and once final electoral roll is published, the Bar Council or for that matter Returning Officer does not have any power to either add or delete any names from the final voters 2 list as otherwise, there is no point in saying that it is a final electoral roll. We also direct the Bar Council to see that both the preliminary voters list and the final voters list are published on their website so that there may not be any room for complaint regarding communication. A certified copy of this judgment shall be communicated to the Bar Council, forthwith. 3. With the above directions, the writ petition is disposed of, so also the pending application(s), if any. (Justice Kurian Joseph), Chief Justice. June 18, 2011. ( Justice V.K.Sharma), (karan/vs) Judge.