Sunday Sitting At Delhi High Court : DHCBA Elections Back In Schedule, Alternate Sources To Be Explored For EVMs

In a special Sunday hearing, the Delhi High Court Bar Association's Election Commission informed the Delhi High Court that it has resolved to suspend its decision to defer Delhi High Court Bar Association (DHCBA) 2022 elections for a period of one week. The election is scheduled for September 28.

The development came after a single judge bench comprising of Justice Sanjeev Narula was hearing an urgent plea moved by Delhi High Court Bar Association against deferment of its elections on account of non availability of electronic voting machines (EVMs) for conducting the said elections.

The University of Delhi has been providing EVMs for conducting elections to DHCBA as well as other Bar Associations of Delhi.

The Court was also informed by DHCBA's election commission that it will explore all the alternative options to get EVMs, in coordination with the bar association, to have the elections conducted as per schedule.

However, it was clarified that the date for filing of nomination papers shall be 13th September instead of 12th September as the same were not printed.

The Association's Election Commission also informed the Court that if no alternate source of EVMs is available within one week, then its decision dated September 10 to defer the elections will stand till the EVMs can be arranged.

Hearing the decision undertaken by the election commission of DHCBA, the Court noted:

Considering the fact that the source of funds of DHCBA is substantially the contributions made by its members, the Court expects that the University's approach would be equitable, practical and reasonable. Mr. Rupal is requested to intimate this order to the Vice-Chancellor, University of Delhi.

The DHCBA has challenged Delhi University's letter dated September 8 stating that before providing EVMs for the upcoming elections, an arrear of Rs. 1,10,29,948 has to be cleared pertaining to 2019 DHCBA elections.

Accordingly, on September 10, the DHCBA resolved that since Electronic Voting Machines were not available and it will take some time to arrange it from other sources, it would not be possible to conduct the DHCBA 2022 elections as per the schedule. The elections were deferred till further notice.

The plea thus avers that the illegal unjustified and arbitrary action of Delhi University has led to sabotaging the scheduled elections.

"Because the timing of the said demand vide letter dated 08.09.2022 is highly suspicious and it cannot be ruled out that the same is an attempt of certain vested interests to derail the election process which was nearing conclusion after a painstaking process of getting voter declarations, scrutiny thereof, clearance of dues and preparation of voter lists," the plea reads.

The plea thus seeks a direction on the Delhi University to supply EVMs for DHCBA 2022 elections without insisting on any demand of alleged dues. It also seeks a direction on the Association's Election Commission to conduct the elections on September28, as per the schedule.

As per the 2022 DHCBA election schedule, the time for filing of nomination papers was from 12th to 14th September (now starting from September 13); scrutiny of the nomination papers is on 15th September; withdrawal of nomination papers is from 16th to 17th September and the polling is scheduled for 28th September.

During the course of hearing today, Senior Advocate Mohit Mathur appearing for DHCBA argued that the demand made by the Delhi University was arbitrary and not sustainable in the eyes of law, as the monetary claim was being raised without any basis. Mathur also pointed out that the EVM machines were returned in May 2019 immediately after the elections had been conducted.

On the other hand, Senior Advocate Anil Sapra appearing for another petitioner argued that the University's demand was time barred and also highlighted that prior to impugned communication, DU had never raised any such demand.

Senior Advocate Ravi Kant Chadha representing DHCBA Election Commission pointed out to the Court that immediately on being notified of the situation, a decision was taken to defer 2022 elections as in the absence of EVM machines, the first effort on election commission's part was to procure the said machines from other sources.

He further apprised the Court that the DHCBA's election commission was in touch with officials of the Election Commission of India who could provide the machines and therefore efforts were being taken so that the election schedule is not disturbed.

Taking note of the said submission, the Court said that the DHCBA election commission would be able to revisit the issue after getting information from the ECI and other relevant authorities.

At the outset, Senior Advocates Anil Sapra and N Hariharan argued that in the event the EVM machines are not procured from the sources, the DHCBA election commission can also consider conducting elections through ballot papers.

On this, Chadha said that the decision has been taken at the present stage and that other options would be considered in the light of the situation as and when it arises.

The Court thus posted the matter for hearing for interim relief on Tuesday, while granting time to counsel appearing for Delhi University to respond to the petition.

Title: DHCBA & Anr. v. University of Delhi & Anr.