Team Goemkarponn
PANAJI: In a significant development ahead of the State Bar Council elections scheduled for March 24, 2026, Advocate Sanjit Dessai, President of the Quepem and Sanguem Advocates Association, has successfully challenged the appointment of the Returning Officer.
Dessai raised objections to the appointment of the Secretary of the Bar Council of Maharashtra and Goa as the Returning Officer (RO), contending that it violated the rules framed by the Bar Council of India. As per the BCI Rules, 2023, the RO must be either a former High Court judge or a senior advocate, with additional safeguards to ensure fairness and impartiality in the election process.
He argued that appointing the Council’s own Secretary, Sharad Tanaji Bagul, as RO created a conflict of interest, as the position demands independence and neutrality. Dessai further maintained that such an appointment undermines the integrity of the electoral process and prejudices candidates entitled to a fair election.
The objections were upheld by the High-Powered Election Supervisory Committee (HPCSC), which ruled that the appointment was in violation of Rule 10 of the BCI Rules, 2023, and set it aside. However, the Committee invoked the legal principle of De facto doctrine, allowing all actions and decisions taken by the Secretary while functioning as RO to remain valid, including the use of ballot papers already printed or signed.
Reacting to the order, Adv. Dessai questioned the application of the de facto doctrine, stating that once the appointment was found to be illegal, its consequential actions should not have been sustained. He stressed that election processes must strictly comply with statutory safeguards to ensure transparency, fairness, and institutional integrity.
He further cautioned that permitting actions under an invalid appointment could erode confidence in the electoral framework governing Bar Council elections. Dessai added that he is currently examining legal options to challenge the application of the de facto doctrine in the present case.
