The presence of neutral members in the Election Committee mitigates bias concerns, and compliance with court orders is crucial in election disputes.

1. The present petition has been filed by the petitioner praying inter alia for setting aside the election notice dated 17.11.2016 issued by the respondent No.1/Delhi Bar Association (in short ‘DBA’) stating inter alia that the Executive Committee of the DBA in its meeting held on 22.10.2016, has appointed the Election Commission comprising of three persons, namely, Shri R.P. Tyagi, Advocate, Shri Ravi Chawla, Advocate and Shri Joginder Antil, Advocate and three members of the Election Committee named in the notice are Shri V.K. Khanna, Addl. District Judge, Shri Naresh Gambhir, Advocate and Shri N.L. Gupta, Advocate. The second relief prayed for by the petitioner is for appointment of an independent Election Tribunal in terms of the Constitution of the respondent No.1/DBA.

2. In the course of arguments, the petitioner, Mr. S.P.S. Chauhan, Advocate, who appears in person, states that he does not wish to press prayer (c), which is for removal of the name of Shri Naresh Gambhir, Advocate from the Election Committee for the reason that a consent order had been passed on 27.10.2016, in CONT. CAS(C) 887/2016, wherein the names of three persons including that of Mr. Naresh Gambhir, Advocate as a member of the Election Committee was accepted and the said order, though modified on 15.11.2016, did not interfere in the constitution of the members of the Election Committee.

3. It is submitted by the petitioner that the impugned election notice dated 17.11.2016 refers to the appointment of Shri Ravi Chawla, Advocate, apart from two other members of the Executive Committee and he has a bonafide apprehension that the said gentleman has a bias against him. The petitioner submits that the aforesaid gentleman has been regularly appearing for the respondent No.2 in the previous litigations pertaining to the election of the respondent No.1/DBA for the years 2014-16. On this ground, setting aside and quashing of the election notice dated 17.11.2016 and appointment of an independent Election Commission and Election Tribunal in terms of Rule 14(i) the Constitution of the respondent No.1/DBA is prayed for.

4. Mr. Puri, learned Senior Advocate appearing for the respondent No.1/DBA and Mr. Uppal, learned Senior Advocate appearing for the respondents No.2 and 3 oppose the maintainability of the present petition and state that any order, as prayed for by the petitioner, shall derail the entire election process, which is being monitored from time to time in CONT. CAS(C) 887/2016, arising out of orders passed in four civil suits, all challenging the order dated 27.10.2014 passed by the then Election Tribunal (Annexure P-3). It is submitted that a common order dated 27.05.2015 was passed in the aforesaid suits, where a statement made on behalf of the plaintiffs therein that the Delhi Bar Association election shall be held on 25.01.2016, for which the election process shall commence on 11.12.2015 in accordance with the Constitution, was accepted by all the parties. Counsels for the defendants therein agreed that they would withdraw all the allegations levelled against the plaintiffs therein in the election petitions. As a result, the said suits were disposed of in terms of the statements made by the counsels for the parties and it was clarified that the Executive Committee of the DBA that was declared elected on 23.05.2014, shall continue to hold office till the next elections.

5. It is an undisputed position that the election process did not commence on 11.12.2015 in terms of the undertakings recorded in the order dated 27.05.2015, referred to hereinabove. As a result, CONT.CAS(C) 887/2016 was filed by Mr. Naresh Chand Gupta against the respondent No.2 herein, wherein an order dated 28.09.2016 was passed, recording inter alia the statement of Mr. Puri, Senior Advocate, who was appearing for the respondent No.2 therein that an election notice dated 09.09.2016 had been issued, declaring the date of polling as 25.11.2016 and the proposal was to appoint an