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Synopsis

The Delhi High Court has directed bar elections across Delhi to be held simultaneously on October 19, 2024. Court noted that all District Court Bar Associations, Delhi High Court Bar Association, and Bar Associations associated with Tribunals in Delhi unanimously agreed to hold their Executive Committee elections simultaneously on the same day and standardize these committees' tenure to two years. 

The bench of Acting Chief Justice Manmohan, Justice Rajiv Shakdher, and Justice Suresh Kumar Kait held, “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”. 

A Committee, composed of judges, the Chairman of the Bar Council of Delhi, and Bar Association Presidents, was established by a previous division bench of the Court to address concerns regarding the organization of Bar Association elections in Delhi. Key issues included disparities arising from the "One Bar One Vote" rule due to differences in Committee terms and election dates across various associations. Despite making suggestions for issuing ID/Proximity Cards, consensus on election processes remained elusive. 

However, the matter was subsequently referred to a full bench of the court for further deliberation. Most Bar Associations supported simultaneous elections, except for the Delhi High Court Bar Association and the Bar Association of Delhi (Tis Hazari). It was decided that all future elections would occur on the same day, although the Bar Association of Delhi (Tis Hazari) requested immediate elections for expired terms. 

Additionally, some associations planned to provide suggestions on election modalities. Court granted parties the opportunity to submit these suggestions to address critical issues and ensure a fair and transparent election process within the legal community of Delhi. 

Court noted that the key considerations included synchronizing Executive Committee elections, standardizing committee terms, issuing ID/Proximity Cards and RFID tags to lawyers, and potential prohibitions on election-related activities to uphold electoral integrity.

Furthermore, this decision, reached with the consent of all parties involved, aims to enhance transparency, fairness, and efficiency in the election process.

Court emphasized that these directions were consensual and not imposed by any external authority. It further noted that these directions were crucial for effectively implementing the "One Bar One Vote" principle, enhancing accountability and reducing electoral malpractices. 

Additionally, court accepted the recommendation to issue ID/Proximity Cards and RFID to all members of Bar Associations in Delhi within six months, to ensure security and streamline the election process. Elections for all Bar Associations were proposed to be held on October 19, 2024, considering practical constraints and to avoid holding multiple elections in the same year. 

While acknowledging the authority of Bar Associations, the court clarified that certain provisions in the Committee's report do not grant excessive power to court authorities but ensure the smooth conduct of elections. In cases where Bar Associations fail to initiate the election process, a committee comprising past office bearers and nominees will oversee the process to ensure timely and transparent elections without superseding the Executive Committee's functions, court noted. 

It further noted that the candidates will prohibited from installing hoardings, pasting posters, or hosting parties to influence elections, but they will be allowed to hold physical or virtual meetings and use social media platforms to share their ideas.  

The court thus disposed of the petitions with the following directions:

“(i)...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.

(vi) To ensure purity in elections and to curb the use of money power, this court prohibits hosting of election parties, printing of posters and erection of hoardings”.

Case Title: Lalit Sharma And Ors. v Union Of India And Ors