Today, the Delhi High Court received three petitions concerning the recently held bar association elections in the city.
The petitions related to the bar polls at Patiala House Court, Saket Court, and Rouse Avenue Court.
The matters were mentioned before the Bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela for urgent listing.
Regarding the Patiala House Court Bar Association election, the counsel submitted that there was a discrepancy between the number of eligible voters and the total votes cast.
“The matter pertains to Patiala House court bar association elections. Election was to be held using the proximity cards. There is discrepancy in the number of voters polled and actual number of voters. Representation was given to the election officer. This matter required intervention by this court,” the counsel on behalf of petitioner submitted.
The court remarked that once the election results have been declared, the proper course is to challenge the elections rather than seek intervention. It observed, "What intervention of this court is legally permissible once the results have been declared? The only way is to challenge the elections. The law is that once an election is set in motion... once results have been declared, we cannot do anything."
The Chief Justice further noted that bar association elections are governed by the Societies Registration Act, which prescribes its own procedural framework.
After some deliberation, the Court permitted the matter to be listed for hearing today.
The issue was briefly taken up before Justice Mini Pushkarna and is scheduled for a detailed hearing tomorrow morning.
As an interim measure, the single-judge directed that the status quo be maintained until Tuesday morning.
"Without going in the merits, only for the purposes that the matter is to be heard tomorrow, it is directed that status quo be maintained till tomorrow morning," the Court said.
During the post-lunch mentioning before the Bench of the Chief Justice, two more election-related matters were permitted to be listed.
One of the petitions sought the cancellation of the Saket Court Bar Association elections, citing "mismanagement." The petitioner, a candidate for the post of Secretary, requested the appointment of a retired High Court judge as an observer for conducting the elections.
However, the Chief Justice remarked, "An observer will be needed only once the election program is declared."
The petitioner urged for an early listing, highlighting that the Returning Officer was set to be appointed the next day. Considering this, the Court allowed the matter to be listed for hearing on Wednesday.
Another petition concerns the Rouse Avenue Court Bar Association election. The Court was informed that while the counting of votes is still underway, the results for some posts were declared last night.
The matter is scheduled to be listed for hearing tomorrow.
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