Whether A Member Of Bar Association Can Be Precluded From Contesting Bar Council Election: Apex Court To Decide
|The Supreme Court, today, has issued notice in a Special Leave Petition assailing the judgment passed by the Delhi High Court directing that the elections to Executive Committees of all the Bar Associations of Delhi shall be held simultaneously, the term/tenure of all such Executive Committees shall be for a uniform period of two years and no member of the Bar Council of Delhi or Bar Council of India would contest or hold simultaneously post in two different Bar Associations/bodies.
The petition was filed by the chairman of the Executive Committee D.K. Sharma and other members of the Bar Council of Delhi.
The Bench of Justice BR Gavai and Justice KV Viswanathan ordered, "Issue Notice. Returnable in two weeks. Dasti permitted."
The Counsels for the Petitioners submitted, "In this case, the question is whether you can prevent a member of the association from contesting the election of the Bar Council. Bar Council is a statutory body. Our Associations are not. They are registered under the Societies Registration Act. If a person who is a Member of an Association can he be precluded from contesting the elections of a statutory body... Doctors have their associations, architects have theirs...why lawyers are precluded?... The order was passed without any reasons...totally contrary to BD Kaushik."
The main issues that arose for consideration before the Delhi High Court were whether elections to the Executive Committees of different Bar Associations in Delhi should be held simultaneously and whether the terms/tenures of such Executive Committees should be for a uniform period. Further, whether Identity/Proximity Cards (‘ID/Proximity Cards’) and Radio Frequency Identification Tag/Stickers (‘RFID’) should be mandatorily issued to all lawyers and if so by whom? Also to ensure purity in elections, should this Court prohibit the hosting of election parties, the printing of posters and the erection of hoardings?
The High Court had given the following directions, "(i)With the consent of all the District Court Bar Associations, Delhi High Court Bar Association and all Bar Associations annexed with the Tribunals in Delhi, it is directed that elections to their Executive Committees shall be held simultaneously i.e. on the same day and term/tenure of all such Executive Committees shall be for a uniform period of two years...(ii) 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...(iii) The exercise of holding a uniform election on one day for all the Bar Associations shall be held only after the exercise of issuance of 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 recommendations contained in paragraph 10 of the Committee’s report dated 22nd September 2023 (reproduced in paragraph 5 hereinabove) are accepted...(iv) 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 Petition was filed before the High Court after the Division Bench vide order dated August 24, 2023, had constituted a Committee comprising three sitting Judges of this Court as well as the Chairman, Bar Council of Delhi, President of Delhi High Court Bar Association and the then Chairman, Coordination Committee of all District Courts Bar Associations of Delhi to explore the possibility of holding uniform elections in respect of all Bar Associations on one day and of preparation of ID/Proximity Cards for lawyers, RFID in respect of vehicles of lawyers and to submit a report in respect thereto.
During the meeting, it was represented before the Committee by some Advocates that the rule of ‘One Bar One Vote’ laid down in P.K. Dash Advocate vs. Bar Council of Delhi (2016 Delhi), was not being scrupulously implemented. The said Committee had held several rounds of meetings and deliberations with members of the Executive Committees of various Bar Associations as well as other members of the Bar Associations and Bar Council of Delhi. The Committee by majority had concluded that one of the major factors for the rule of ‘One Bar One Vote’ not being scrupulously implemented was the disparity in the length of the term of the Executive Committee and the elections being held on different dates by different Bar Associations. The Committee then gave several recommendations on September 22, 2023, and then the matter was referred to a full bench of the High Court.
The High Court had further held, "(v) In the event, the existing Bar Association do not commence the election process by the date stipulated hereinabove, 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 this Court as the case may be. 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...(vi) 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."
The High Court had also directed that the prospective candidates would not install hoardings or paste posters or host parties to further their electoral prospects and the candidates would have permission to hold physical and virtual meetings and could use WhatsApp or social media to propagate their ideas and thoughts concerning improvements that he/she propose to bring about in the best interest of the legal fraternity.
Cause Title: D.K. Sharma and Ors. v. Bar Council of Delhi (Diary No. 35523/2024)