Delhi High Court issues notice on plea challenging ICSI's electronic voting for 2026 elections

The Delhi High Court has issued notice on a petition challenging the Institute of Company Secretaries of India (ICSI)’s decision to introduce electronic voting for its 2026 Council elections. Justice Amit Bansal, presiding over a single bench, directed the Union of India and ICSI to file their responses within four weeks.

A challenge to e-voting in professional body elections

The petitioner, Subhash Bharti, an ICSI member, moved the court seeking quashing of the decisions taken by the ICSI Council on May 22, 23, and June 10, 2026, which approved electronic voting for the upcoming elections. Bharti argued that the elections should be conducted through the existing physical mode of voting, as mandated by the Company Secretaries Act, 1980 and the Company Secretaries (Election to the Council) Rules, 2006.

Alternatively, the plea contends that electronic voting should not be implemented unless adequate statutory, technical, and procedural safeguards are established. Bharti’s counsel, Senior Advocate J. Sai Deepak, stressed that measures such as a voter-verifiable and independently auditable trail, cybersecurity certification, and a genuine pilot exercise with results disclosed to the membership are essential. He also flagged concerns about internet connectivity, hardware, software, and OTP delivery that could deprive members of their voting rights.

Demand for independent oversight

In a notable demand, the petition seeks removal of the existing Returning Officer and other ICSI Secretariat officials from involvement in the conduct, supervision, administration, data management, counting, audit, declaration of results, and preservation of records relating to the 2026 elections. Bharti has called for appointment of an independent Returning Officer or Administrator to oversee the entire electoral process. Additionally, he has sought independent oversight of the electoral process, production of records concerning the decision to introduce e-voting, and an independent forensic and data audit into access to and sharing of the ICSI member database.

The court considered the submissions and issued notice to the respondents, including the Union of India. Senior Advocate Pinky Anand appeared for ICSI, while Mr. Rajiv Pandey represented the Union government. The court has directed that replies be filed within four weeks.

Next hearing on October 27

The matter will be next heard on October 27, 2026. In the interim, the court allowed an exemption application accompanying the petition. The case, registered as W.P.(C) 12404/2026, is likely to test the legal framework governing elections in statutory professional bodies and the balance between technological innovation and electoral integrity.

The decision on electronic voting’s fate now rests on the submissions of the respondents and the court’s eventual analysis of the safeguards demanded by the petitioner.