Bar association polls in Delhi deferred again, Delhi High Court sets March 21 as new date

The Delhi High Court on Friday ordered that all the Bar associations in national capital shall hold the elections to their executive bodies on March 21 [Lalit Sharma & Ors vs Union of India & Ors]..The Bench of Justice Yashwant Varma, Justice Rekha Palli and Justice C Hari Shankar passed the order after noting that the timelines prescribed by it earlier for holding the elections were breached.“We also take cognizance of the fact that the DHCBA is yet to constitute its Election Commission. We further bear in consideration the Executive Committee’s of respective Bar Associations being required to undertake the requisite exercise of sourcing an adequate number of Electronic Voting Machines for the smooth conduct of the elections and there thus being a necessity to extend the date fixed for elections as part of our final thrust to ensure that the elections are conducted in a conducive environment,” the Court said. .The Court in October 2024 had deferred the Bar elections in the national capital to December 13. In December 2024, the date was shifted to February 7. Last month, the elections were rescheduled to February 28. On Friday, the date was again changed.The Court was told that final list of eligible voters of Delhi High Court Bar Association (DHCBA) was published on February 14. Consequently, the Bench observed the following,“In terms of the applicable Rules we would have to necessarily factor in a 21 day period for further processes being completed.”.President DHCBA and Senior Advocate Mohit Mathur also informed the Court about the discrepancies which exist between the final list published on February 14 and the proximity cards which have been issued.The Court ordered that remedial steps be urgently taken to address the issue of proximity cards. "We in this regard only clarify that the list of 14 February 2025 would constitute the final and determinative list which would regulate the right of participation and on the basis of which proximity cards may be issued. In case, an individual’s name appears in that list but the proximity card application has come to be rejected for any reason, the concerned agency will ensure that remedial action is taken forthwith.".Considering the repeated requests for deferring the elections, the Court ordered that the elections be now held after Holi vacation. "We have on due consideration come to the conclusion that rather than being faced with the spectre of yet another prayer for extension, it would be expedient to designate a date bearing in mind the preparatory steps that are yet to be completed, the impending Holi holidays as well as the imperative need of ensuring that court functioning is not disrupted," it said..The Court passed the following directions:The DHCBA shall constitute the Commission latest by 22 February 2025That Commission shall place a complete schedule pertaining to the elections on our record by February 24, 2025;Insofar as discrepancies between the final list published on February 14, 2025 and the issuance of proximity cards is concerned, we hereby provide that it shall be the list published on February 14, 2025 which shall be treated as determinative and shall prevail. The agency tasked with the issuance of proximity cards shall ensure that those are issued strictly in accordance with the aforenoted list;Since in light of the aforenoted steps that are liable to be taken, and are indisputably unlikely to be completed by February 28, 2025, we provide that the elections for all the concerned Bar Associations shall now be held on March 21, 2025. .In March 2024, the High Court had directed that elections for all bar associations in the national capital should be held on the same day..[Read Order].Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.