Delhi High Court orders simultaneous elections for all Bar Associations in Delhi

The Delhi High Court on Tuesday ruled that elections for all the bar associations in the national capital should be held simultaneously and on the same day [Lalit Sharma & Ors v Union of India and Ors + Connected matters]. .A full bench of Acting Chief Justice Manmohan and Justices Rajiv Shakdher and Suresh Kumar Kait said that each association shall have a uniform tenure of two years. The elections this year will be held on October 19.The Court said that the directions are being passed with the consent of all the bar associations. It said that to curb the role of money in bar elections and ensure the purity of poll process, no election parties should be hosted and no hoardings should be put up."To ensure purity in elections and to curb use of money power, this Court prohibits hosting of election parties, printing of posters and erection of hoardings," it said. .The Court said that elections will be held after the ID cards and proximity cards are given to the lawyers to ensure that the polls are held in a fair and transparent manner.It added that the electoral rolls for these elections will be prepared based on the rules and by-laws of each bar association and no candidate will be allowed to contest for two posts simultaneously."No member of any Bar Association or body, such as the Bar Council of Delhi or Bar Council of India would contest or hold simultaneously post in two different Bar Associations/ bodies," the Court observed.It added, "As the terms of all the Bar Associations in Delhi are going to expire in the month of September 2024, it would be appropriate to hold the elections of all such Bar Associations on one day i.e. 19th October, 2024. It is neither practical nor feasible to hold elections to some of the Bar Associations, whose terms have already expired, in the month of April / May, 2024, as there are General elections in the country and there will be unavailability of EVMs and security forces."The Court said that if an existing Bar Association does not commence the election process by the date stipulated by the Court, 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 Registrar General of the High Court. "This committee will only take decisions to ensure that elections are conducted on time and in a fair and transparent manner. This committee shall not exercise any other administrative function and will not be deemed to have superseded the Executive Committee of the Bar Association.".The full bench of the High Court passed the directions while disposing of a batch of petitions related to holding of a uniform election for all Bar Associations on the same day.In August 2023, the High Court had constituted a committee under the chairmanship of Justice Sanjeev Sachdeva to explore the possibility of holding elections for all the bar associations in Delhi on the same day. Justices Jasmeet Singh and Manoj Jain, along with Bar Council of Delhi Chairman KK Manan, Delhi High Court Bar Association (DHCBA) President Mohit Mathur and Chairman of the Coordination Committee of All District Bar Associations of Delhi also served as members of the committee.On September 9, 2023, the High Court decided that since the issue of grave importance, it should be decided by a bench of three judges. Meanwhile, on September 22, 2023, Justice Sachdeva's committee submitted its report..All Bar associations in Delhi except one agree for uniform elections on same day; Delhi High Court to take final call.One of the petitioners before the High Court had raised the concern that there was no uniformity in the tenure of leadership of office bearers in different bar associations, as bar elections are presently held on different dates.The petitioner told the Court that in Punjab and Haryana, a module has been framed to hold the elections on the same day and a similar practice can be adopted in Delhi as well, Kumar submitted..[Read Judgment]