Putting Hoardings And Posters Of Candidates Contesting Bar Elections A Menace, Must Stop: Delhi High Court

The Delhi High Court on Monday remarked that the culture of putting hoardings and posters of candidates contesting the bar elections in the national capital must stop.

A division bench comprising Acting Chief Justice Manmohan and Justice Tushar Rao Gedela called the culture a “menace” and said that such kind of money and expenditure must not be spent on bar elections.

The court was hearing a PIL seeking reservation of 33% seats for women lawyers in the elections of Bar Council of Delhi (BCD), Delhi High Court Bar Association (DHCBA) and all District Bar Associations in Delhi.

Senior Advocate Mohit Mathur, President of DHCBA, along with counsels for BCD and President of Coordination Committee of all district bar associations were present in the hearing.

The court said that a message must go through the senior leaders of the Bar that putting posters of candidates regarding Bar elections is not a good practice and must stop.

“A message must go that it is not an investment for a return to be back. This is very wrong which is happening at the Bar. We want leaders of the bar to convey this…. This poster hoarding business must stop,” ACJ said.

He further said asked the senior counsels representing the lawyers' bodies to take suo motu notice of the issue and to instil fear of disqualification among the candidates so that they don't indulge in such acts.

“This concept must stop that it is an investment to be made… If you as leaders take proactive stand in this, it will get curbed. This is a menace which must stop. We owe this to the young generation of lawyers, they must know this should stop,” ACJ added.

Notably, a full bench in March had clearly prohibited the prospective candidates from installing hoardings, pasting posters or hosting parties to further their electoral prospects. This was to ensure purity in the Bar elections and no use of money power.

During the hearing today, the court was informed that the Shahdara Bar Association has supported the PIL regarding reservation of 33% seats for women lawyers in the elections. The bench was also told that other district bar associations are in support of the women reservation.

Mathur told court that regarding DHCBA, following the Supreme Court ruling, reserving one third of seats for women lawyers in the Executive Committee of SCBA, would not be the appropriate approach.

He said that since the number of members registered with DHCBA are over 35000, some time must be granted to deliberate on the issue.

Accordingly, the court said that a meeting be held between the DHCBA and Coordination committee of all district court bar associations within two weeks.

The matter will now be heard in September.

The plea contends that the under­ representation of women in effective posts in BCD and other Bar associations can negatively affect women's rights and access to justice as well as detract from the justice system's overall effectiveness.

It submits that despite the increasing number of women lawyers, they have not been able to make their representation effective on the post of prestigious Council or bar associations because of various professional obstacles.

It states that reservation of 33% seats in the lawyers bodies will ensure equal representation of all women lawyers and will also provide them equal opportunity to grow and address their grievances.

“Because for 64 years since its establishment, women's representation in the Bar Council of Delhi, Delhi High Court Bar Association and District Bar Associations has been completely absent. During this time, Only two female lawyers were part of the Delhi Bar Council, none of whom held positions such as Chairperson, Vice Chairperson, or Secretary. A similar situation exists in the Delhi High Court and District Bar Association. This highlights the clear dominance and inequality towards women lawyers within the Bar Council of Delhi,” the plea read.

Title: Shobha Gupta Advocate v. Bar Council of Delhi & Ors.