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Supreme Court modifies eligibility of SCBA members to participate in Special General Meeting on April 16

The Supreme Court has modified the eligibility of the Supreme Court Bar Association (SCBA) members who can participate in the Special General Meeting to be held on April 16. 

The bench comprising Justice Surya Kant and Justice KV Viswanathan clarified on Tuesday that Supreme Court Bar Association members, who as per Rule 23 of the SCBA rules, were eligible to vote in the previous elections could participate in this meeting.

The order stated that SCBA members who were eligible to vote in the election, as per Rule 23 of the SCBA Rules, held in the year 2023, shall be invited to participate in the Special General Meeting.

Last week, the apex court had ordered that the Association’s Special General Meeting shall be convened on or before April 16 at Supreme Court Bar Library No.1. Furthermore, it was also recorded that the Supreme Court Bar Association members, who, as per Rule 18 of the SCBA rules, are eligible to vote in its election, can participate in this meeting.

The order stated that the bench is prima facie satisfied that all those members who are eligible to contest and vote in the elections in terms of Rule 18 of the SCBA Rules, shall be eligible to be invited and participate in the Special General Meeting to be convened under Rule 22 of these Rules.

Currently, the Division Bench has modified the aforesaid part of the order. It also prescribed March 15 as the last date for receiving representations and requisitions by the Observers Committee.

Last year in August, the Bench had directed the SCBA members, including its president and senior counsel Adhish C Aggarwala, to submit their suggestions regarding further reforms in the lawyers’ body’s election process.

Considering the submissions, in January, the apex court had asked the Association to consider the desirability of taking up all issues in its General Body Meeting. SCBA’s stand has been that if anyone wants an amendment to the SCBA’s election process, they should come forward with a requisition supported by around 150 members, which the General Body will vote on.

In the view of the aforestated background, the Supreme Court passed the March 8 order and directed that a committee will examine the representations and requisitions of all members. The committee shall comprise three Senior Advocates namely Shekhar Naphade, V. Giri, and S.B. Upadhyay. 

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