Delhi Bar Council Election: Advocate Mehmood Pracha Moves Supreme Court for Timely Polls

The application, filed under Order LV, Rule 6 of the Supreme Court Rules, 2013, through AoR RHA Sikander contends that the continued delay in conducting the BCD elections undermines the democratic ethos of the legal profession and violates the directions of the Court.

In its order dated September 24, 2025, the Supreme Court had directed that elections to all State Bar Councils be conducted, if not simultaneously, then in a phased manner, and concluded “latest by January 31, 2026.” The Bench had also warned that any reluctance or delay by State Bar Councils would invite further directions, observing that some councils had not held elections “for decades.”

Following this order, the Delhi High Court, on October 6, 2025, directed the Bar Council of Delhi to comply with the Supreme Court’s mandate and conclude elections by January 31, 2026. However, subsequent developments have, according to Pracha’s intervention plea, raised serious concerns about compliance and transparency.

Pracha’s application points out that the Bar Council of Delhi passed a resolution on October 9, 2025, tentatively fixing polling dates for February 13 and 14, 2026; after the deadline set by the Supreme Court. The Council cited security arrangements around Republic Day as the reason for not being able to hold polls before January-end.

On the same day, the Bar Council of India issued a letter constituting an Election Committee for the BCD polls. Pracha’s application flags that two members of the newly formed committee were sitting members of the BCD and others were potential candidates in the upcoming elections; a move he suggests raises “questions of propriety and conflict of interest.”

The following day, October 10, 2025, the BCI went a step further and dissolved the Bar Council of Delhi, invoking its powers under Section 8A of the Advocates Act, 1961, and appointed a Special Committee to oversee the election process. The letter issued by the BCI referred to the Supreme Court’s January 31 deadline but did not specify any concrete timeline for the publication of electoral rolls, polling, or counting.

Pracha argues that since the dissolution of the BCD, “no further, concrete developments” have taken place to ensure compliance with the Supreme Court’s direction. His plea seeks the Court’s intervention to compel the Bar Council of India to initiate and conclude the BCD election process by January 31, 2026.

In his application, Pracha highlights that he has been a practicing advocate since 1988, enrolled with the Bar Council of Delhi, and had contested the 2018 BCD elections. He also spearheaded a signature campaign joined by over 3,500 advocates demanding that the Bar Council of India expedite the Delhi Bar Council elections. “The repeated delays and hurdles in the conduct of elections to the Bar Council of Delhi are antithetical to the ethos of democracy and the rule of law which form part of the basic structure of the Constitution,” the plea asserts. Pracha contends that the advocates enrolled with the BCD are being denied their democratic right to choose their representatives due to administrative inaction.

The application further states that allowing the applicant to intervene and assist the Court would serve the interests of justice and aid the implementation of the Court’s own directions. “No harm or prejudice would be caused to any party if the Applicant is allowed to intervene,” it adds. The plea concludes by seeking permission to intervene and assist the Court in the M. Varadhan matter and for directions to ensure that elections to the Bar Council of Delhi are completed within the Court-mandated timeframe.

The Supreme Court had earlier indicated that it would take “a strict view” against any non-compliance with its orders regarding State Bar Council elections. The matter is expected to come up for further hearing later this month.