Supreme Court Stays HC Order On 'One Day Elections' & 'One Member One Post' Rule For Bar Associations In Delhi

Update on Sep 12 - Supreme Court Clarifies Stay Order, Says HC's 'One Member, One Post' Direction Stayed

The Supreme Court on September 9 stayed the order of the Delhi High Court which 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.

The High Court direction 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.

The bench of Justices BR Gavai and KV Viswanathan was hearing the challenge to the decision dated March 19 by the Delhi High Court Full Bench which 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 as 'One Bar One Vote'. 

The plea has been filed by Advocate DK Sharma, the Chairman of the Executive Committee and other members of the Bar Council of Delhi. 

The Top Court while granting leave in matter, directed the stay of the impugned order, but clarified that pending appeal of the present matter would not stultify the elections of any of the advocate bodies. 

"Until further orders, there shall be stay of impugned orders passed by the High Court.

Needless to state that the pendency of the present appeals would not amount to staying the elections of any of the bodies."  

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.

"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 High Court said. 

It added that such a decision would negate multiplicity of litigations arising before and after conduct of the elections in different Bar Associations as well as electoral malpractices and also save judicial time as there will not be frequent disruption of judicial work. 

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. 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.

Background  

Last year, a division bench of the High Court 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. 

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