One Day, One Election for all Bar Associations in Delhi, directs Delhi High Court

NEW DELHI: To maintain ‘purity’ of elections in Bar Associations across courts and tribunals in Delhi, the Delhi High Court has directed that all District Court Bar Associations, Delhi High Court Bar Association and all Bar Associations annexed with the Tribunals in Delhi, shall hold elections to their Executive Committees simultaneously - i.e. on the same day.

The date designated by the Delhi High Court for the purpose of simultaneous elections is October 19, 2024 for this year, considering that the terms of all the Bar Associations in Delhi will be expiring in the month of September 2024.

The Court directed such keeping in account the fact that even though terms had already expired for some of the Bar Associations, it would be neither practical nor feasible to hold elections to them 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 term/tenure of all such Executive Committees shall also be for a uniform period of two years, a bench of Acting Chief Justice Manmohan, Justice Rajiv Shakdher and Justice Suresh Kumar Kait has directed.

However, the bench clarified that the electoral rolls of all the Bar Associations and elections to the Executive Committees shall be prepared and held in accordance with their own Rules, Regulations and Bye-laws.

Hearing a batch of pleas in this regard, the Court has also directed that no member of any Bar Association or body, such as the Bar Council of Delhi or Bar Council of India would contest or simultaneously hold posts in two different Bar Associations/ bodies.

It added that to ensure fairness and transparency in the electoral process, the exercise of holding a uniform election shall be held only after the issuance of ID/Proximity Cards and Radio Frequency Identification Tags or Stickers (RFIDs) for all lawyers is completed.

The Court further directed for a Committee to conduct the elections in the event that the existing Bar Associations do not commence the election process by October 19, 2024.

The Court held that the said function shall then 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.”

The Court has further directed that this committee would have no other administrative function and would only take decisions to ensure that the elections are conducted on time and in a fair and transparent manner.

It clarified that this Committee will not be deemed to have superseded the Executive Committee of the Bar Association.

Finally, the Court directed that to ensure purity in elections and to curb the “use of money power”, it would be prohibited to host election parties, print posters and erect hoardings.