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BCD elections row: Delhi High Court hears petitions over weekend, reserves verdict

A special Bench of Justices Anil Kshetarpal and Tejas Karia heard the arguments in the case over three days.

Prashant Jha

The Delhi High Court on Monday reserved its verdict on a batch of petitions alleging irregularities in the Bar Council of Delhi (BCD) elections.

A Division Bench of Justices Anil Kshetarpal and Tejas Karia heard the arguments in the case over three days, including Saturday and Sunday.

The Court heard Rajiv Khosla, Shobha Gupta, Raman Gandhi, Anushka Arora, Dr Lalit Bhasin, Vaibhav Jain, Nina Gupta and Rudra Vikram Singh on behalf of the petitioners and advocates T Singhdev, Priya Hingorani, Sunil Mittal and Peyoosh Kalra for the respondents.

It also examined the video recording of the vote-counting process.

Justice Anil Kshetarpal and Justice Tejas Karia

Notably, the matters were entrusted to the special bench of the High Court following an order of the Supreme Court on May 18. A Bench of Chief Justice of India (CJI) Surya Kant and Justice Joymalya Bagchi transferred a batch of petitions alleging irregularities in the poll process to a special bench of the Delhi High Court.

After concerns were raised that even tampered ballot papers were being counted, the top court had proceeded to stay the counting of ballot papers until the High Court gives its verdict in the matter.

The Bar Council of Delhi elections were held in February this year, with retired Delhi High Court judge Justice Talwant Singh overseeing the polls as the returning officer.

However, the polls were marked by some controversy. Sixty-seven candidates including two Senior Advocates were placed under summary suspension on February 22 for large-scale violations of the Model Code of Conduct (MCC) and the Election Rules, 2023.

Seventy-nine lawyers received suspension notices. However, on February 23, sixty-three such suspension notices were revoked after the affected candidates gave explanations.

Days later, the Bar Council of India placed a lawyer under interim suspension for misbehaving with Justice Talwant Singh. The suspended lawyer was alleged to have attempted to manhandle Justice Singh, instigated a crowd of lawyers and raised slogans against election machinery while the retired judge was inspecting an area on complaints of MCC violations.

Later, the BCD suspended former Delhi High Court Bar Association (DHCBA) President Rajiv Khosla and 9 other advocates from its rolls for allegedly “manhandling, pushing and abusing” the officials tasked with conducting the BCD elections. 

On May 2, Justice Singh sent a confidential letter to the Supreme Court regarding the Bar elections. Meanwhile, various petitions were also filed on alleged irregularities in the polls.

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