Elections For All Bar Associations Shall Be Held In One Day For Uniform Period Of Two Years: Delhi High Court Full Bench

A full bench of the Delhi High Court on Tuesday held that elections to the Executive Committee of all bar associations in the national capital shall be held simultaneously on the same day for a uniform period of two years.

A full bench comprising Acting Chief Justice Manmohan, Justice Rajiv Shakdher and Justice Suresh Kumar Kait clarified that the electoral rolls of all the bar associations shall be prepared as per their own Rules and Bye-Laws.

The court held that as the term of most of the bar associations will expire in September this year, it will be appropriate to hold all elections for 2024 in one day on October 19.

It was observed that all the District Court Bar Associations, Delhi High Court Bar Association and all Bar Associations annexed with the Tribunals in Delhi were in agreement that elections to their Executive Committees should henceforth be held simultaneously.

”One day elections' of all the Bar Associations shall avoid the interference of members of other Bar Associations, besides avoiding overcrowding by the supporters of a candidate who is contesting elections to other Bar Associations. The fixed term of two years will enable the respective Bar Associations to work effectively for the welfare of its members and will give sufficient time to implement various welfare schemes,” the court said. 

The bench observed that it will avoid multiplicity of litigations arising before and after conduct of the elections in different Bar Associations and also save judicial time as there will not be frequent disruption of judicial work. 

“This Court is of the view that the aforesaid consensual directions will reduce electoral malpractices and shall ensure fair and smooth elections,” the court said.

It further observed that it is imperative to prepare and issue ID or Proximity Cards to all the members of all the Bar Associations in the national as it will not only address the security concerns with regard to entry to Court premises but will also ensure free and fair elections.

“The exercise of holding a uniform election on one day for all the Bar Associations should be held only after the exercise of preparing proper ID/Proximity Cards and RFID for all lawyers is completed, so as to ensure that the elections are conducted in a fair and transparent manner,” the court said while directing its Registry to issue ID or Proximity Cards and RFID to all the members of the Bar Associations within six months.

To ensure purity in the elections and no use of money power, the court has prohibited the prospective candidates to not install hoardings or paste posters or host parties to further their electoral prospects. 

“The candidates would have permission to hold physical and virtual meetings and could use WhatsApp or social media to propagate their ideas and thoughts concerning improvements that he/she propose to bring about in the best interest of the legal fraternity,” the court directed.

It further held that no member of any Bar Association or body, such as the Bar Council of Delhi or Bar Council of India would contest or hold simultaneously post in two different Bar Associations or bodies.

Furthermore, the bench directed that in the event the existing Bar Association do not commence the election process by the date stipulated, the said function shall be deemed to have been entrusted to a committee comprising two past presidents and two secretaries as well as by a lawyer nominated by the concerned District Judge or Registrar of the Tribunal or the High Court's Registrar General as the case may be. 

“This committee will only take decisions to ensure that elections are conducted on time and in a fair and transparent manner. This committee shall not exercise any other administrative function and will not be deemed to have superseded the Executive Committee of the Bar Association,” it said.

The bench disposed of a bunch of pleas concerning the issue of holding a uniform election in one day in respect of all the Bar Associations in the national capital.

In November last year, the bench was informed that except for the Tis Hazari Bar Association and the Delhi High Court Bar Association, all the other lawyers' bodies in Delhi had agreed to the conduct of uniform elections.

However, later, the Delhi High Court Bar Association agreed to the proposal and the Tis Hazari Bar Association had submitted that it would reconsider its position.

The bench had previously ordered that a meeting be conducted of the representatives of each Bar Association, along with a representative of the Bar Council of Delhi as well as the Chairman of the Coordination Committee for the District Courts Bar Association, in order to amicably resolve the matter.

Last year, a division bench constituted a committee to examine whether a “uniform election” of all Bar Associations in the national capital can be held in a single day. The committee was headed by Justice Sanjeev Sachdeva.

Other members of the Committee were Justice Jasmeet Singh, Justice Manoj Jain, Chairman of the Bar Council of Delhi K. K. Manan, President of Delhi High Court Bar Association Senior Advocate Mohit Mathur and Chairman of Coordination Committee of All District Bar Associations of Delhi.

Later, the issue was referred to be decided by the full bench.

One of the petitions was filed by an advocate, Lalit Sharma, relating to the issue of holding a uniform election in one day for all Bar Associations.

The petition was clubbed with other petitions moved by various lawyers and members of the Bar Associations of Delhi in 2021 challenging the Bar Associations (Constitution, Recognition and Conduct of Election) Rules, 2019.

Title: LALIT SHARMA AND ORS v. UNION OF INDIA AND ORS and other connected matter

Citation: 2024 LiveLaw (Del) 323

Click Here To Read Order