Plea moved before Delhi High Court against interference by Executive Committee of Supreme Court Bar Association in election for 2020-21

A petition has been moved before the Delhi High Court against the "brazen attempts" by the Executive Committee of the Supreme Court Bar Association to interfere with the election process for the year 2020-21. (Abhinav Ramakrishna vs SCBA).The petition has been filed by Advocate Abhinav Ramkrishna, a member of the Supreme Court Bar Association (SCBA)..According to the petitioner, the conduct of Executive Committee, SCBA is in violation of Rule 17 A of the SCBA Rules on "Election Committee" being the sole authority to take decision pertaining to the conduct of elections of office bearers. .The petitioner informs that the Election Committee under the chairmanship of Senior Advocate Jaideep Gupta had taken a conscious decision to conduct the elections in virtual mode on January 29 using a platform like NSDL. .However, after the commencement of the election process, the Executive Committee, SCBA passed a resolution stating that the election shall be carried out in a hybrid mode in the third week of February 2021. ."..rather than simply making the payment as forwarded by the Election Committee, surprisingly a meeting of Executive Committee was called to approve the expenditure for online voting. The Executive Committee of the Respondent Association in its meeting dated 14.01.2021, in complete transgression of its powers under the Rules and usurping the powers of the Election Commission under Rule 17 A, resolved that, the election shall be held in a hybrid form.", the Court is informed. .The petitioner asserts that this conduct of blatantly overriding the decision of the Election Committee was in complete disregard of the Rules and the principles of free and fair. ."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 petition reads..The Court is further informed that subsequently, the members of the Election Committee resigned..Given that the tenure of the present Executive Committee expired on December 13, 2020, the petitioner has submitted that it was imperative to conduct SCBA elections at the earliest, in a free and fair manner..A prayer is thus made for the nomination of an Election Committee at the earliest in accordance to Rule 17 A. .A direction is also sought to the Executive Committee, SCBA to refrain from taking any other decision with respect to the elections including decisions on mode, manner and schedule of conducting the same. .The matter is likely to be heard on January 27.