Delhi Bar Elections : Supreme Court Clarifies Stay Order, Says HC's 'One Member, One Post' Direction Stayed

The Supreme Court has clarified that its stay order passed in the matter regarding the elections of the Bar Associations in Delhi. The Court clarified that its stay order is applicable to the Delhi High Court's direction that a member can only contest for posts in only Bar Association.

A bench comprising Justices BR Gavai, Prashant Kumar Mishra and KV Viswanathan clarified its earlier order passed on September 9, which directed a blanket stay of the High Court's directions passed on March 19. This meant that the other directions issued by the High Court, such as the elections to all Bar Associations in Delhi must be held on one day, were also stayed. Following this, the matter was mentioned before the bench for clarifications.

Yesterday, the bench clarified its order as follows:

We clarify that paragraph 2 of the order dated 09.09.2024 passed by this Court be read as under:-

“2. Until further orders, there shall be stay of sub- paragraph (ii) of paragraph No.38 of the impugned order dated 19.03.2024 passed by the High Court.”

For reference, the direction in sub- paragraph (ii) of paragraph No.38 of the High Court direction was :

"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/ bodies."

In its order dated September 9, the Court had also clarified that the pendency of the present appeals would not amount to staying the elections of any of the bodies.

The Court was hearing a petition filed by Advocate DK Sharma, the Chairman of the Executive Committee and other members of the Bar Council of Delhi challenging the High Court's directions.

Decision Of Delhi High Court

A full bench comprising Acting Chief Justice Manmohan, Justice Rajiv Shakdher and Justice Suresh Kumar Kait 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.

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

Additionally, it was held that if 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.

Case Details : D.K. SHARMA & ORS. VERSUS BAR COUNCIL OF DELHI & ORS. Special Leave to Appeal (C) No(s).19941-19942/2024

Click here to read the order