"Do Not Allow Executive Committee To Interfere With SCBA Elections"; Lawyer Moves Delhi High Court For Free And Fair Elections

Filed by Advocate Abhinav Ramkrishna, the plea submits that the Executive Committee is making attempts to interfere with the election process and undermine the sanctity of the duly-appointed Election Committee in complete and blatant violation of the Rules, thereby upsetting free and fair elections of the SCBA Office Bearers for the year 2020-2021.

"The manner in which the Executive Committee of the Respondent Association has sought to usurp the powers of the Election Committee and has forced the Election Committee to resign clearly smacks of malafide and is illegal".

The plea delineates how the Election Committee was nominated in the second week of January, 2021, vide the minutes of meeting dated 04.12.2020 of the Executive Committee wherein it had been unanimously resolved that elections for the term of 2020-2021 would be conducted through online mode. A discussion was also entered into with NSDL to conduct elections on a virtual platform.

The issue arises with a Resolution dated 14^th January, 2021, being passed by the Executive Committee, overriding the decision of the Election Committee to begin polling on 29.01.2021, by stating that the election shall be carried out in a hybrid mode and should be conducted by third week of February 2021.

"It is further most respectfully submitted that as per the scheme of the Rules the only power conferred to the Executive Committee with regard to the elections is to nominate the Election Committee and follow the directions of such duly constituted Election Committee. The refusal by the Executive Committee to sanction the expenses payable to NSDL for the conduct of elections and passing of a Resolution that the election shall be held in hybrid mode is therefore in the teeth of Rule 17A".

Due to the refusal of the Executive Committee, the Election Committee, with Senior Advocate Jaideep Gupta as its Chairperson, Senior Advocates Harin P. Raval and Nakul Dewan as Members, tendered their resignation, stating that it was impossible for them to continue their duties in the given circumstances.

The plea submits that the actions/inactions of the Executive Committee have adversely affected and grossly undermine the democratic process, and that refusing to carry out directions of the Election Committee and inaction in nominating a new Election Committee is against public interest after the erstwhile Committee resigned.

In light of the above, the plea prays for the Resolution of the Respondent Association dated 14.01.2021 to be quashed and for directions to constitute an Election Committee at the earliest. Further, the plea seeks for directions to ensure that the SCBA refrains from taking any other decision pertaining to the conduct of the elections.