Recently, the Supreme Court put a hold on the Delhi High Court's order, which had mandated that elections for the Executive Committees of all bar associations in the national capital be conducted simultaneously on the same day, with a uniform two-year term

The bench of Justices BR Gavai and KV Viswanathan was reviewing the challenge to the Delhi High Court Full Bench's decision from March 19. This decision had addressed multiple petitions regarding the issue of conducting simultaneous elections for all bar associations in the national capital under the principle of 'One Bar One Vote'.

The plea was submitted by Advocate DK Sharma, Chairman of the Executive Committee, and other members of the Bar Council of Delhi. While granting leave to appeal, the Supreme Court stayed the contested order but clarified that this stay would not hinder the elections of any advocate bodies.

"Until further orders, there shall be stay of impugned orders passed by the High Court.

Needless to state that the pendency of the present appeals would not amount to staying the elections of any of the bodies."

A full bench consisting of Acting Chief Justice Manmohan, Justice Rajiv Shakdher, and Justice Suresh Kumar Kait decided that, given the term of most bar associations will end in September this year, it would be fitting to schedule all elections for 2024 on October 19.

It was noted that all District Court Bar Associations, the Delhi High Court Bar Association, and all Bar Associations affiliated with the tribunals in Delhi agreed that their Executive Committee elections should be held simultaneously from now on.

"One day elections' of all the Bar Associations shall avoid the interference of members of other Bar Associations, besides avoiding overcrowding by the supporters of a candidate who is contesting elections to other Bar Associations. The fixed term of two years will enable the respective Bar Associations to work effectively for the welfare of its members and will give sufficient time to implement various welfare schemes,” the High Court said.

The decision, it was added, would reduce the multiplicity of litigations that arise before and after elections in different bar associations, minimize electoral malpractices, and conserve judicial time by preventing frequent disruptions of court proceedings.

It further observed that preparing and issuing ID or Proximity Cards to all members of the bar associations nationwide is crucial. This measure would address security concerns regarding access to court premises and ensure free and fair elections.

“The exercise of holding a uniform election on one day for all the Bar Associations should be held only after the exercise of preparing proper 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 court said while directing its Registry to issue ID or Proximity Cards and RFID to all the members of the Bar Associations within six months."

To maintain electoral integrity and prevent the influence of money power, the court has prohibited prospective candidates from installing hoardings, pasting posters, or hosting parties to promote their candidacy. Additionally, it directed that no member of any Bar Association or related body, such as the Bar Council of Delhi or the Bar Council of India, may contest or hold posts simultaneously in multiple Bar Associations or bodies.

Additionally, it was decided that if any existing Bar Association fails to begin the election process by the specified date, the responsibility will be transferred to a committee consisting of two past presidents, two secretaries, and a lawyer nominated by the relevant District Judge, Tribunal Registrar, or Registrar General of the High Court, as applicable.

Case Details: D.K. SHARMA & ORS. VERSUS BAR COUNCIL OF DELHI & ORS. Special Leave to Appeal (C) No(s).19941-19942/2024