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2019 Supreme(Del) 2007
IN THE HIGH COURT OF DELHI AT NEW DELHI
Sanjeev Sachdeva, J.
Vandana Sharma - Appellant
Vs.
Dwarka Court Bar Associates And Others - Respondent
Writ Petition (Civil) No. 9955 of 2019; Civil Miscellaneous Application No. 41224 of 2019
Decided On : 17-09-2019
D.K. Sharma, Adv., M.C. Premi, Adv., Sidharth, Adv., Petitioner In Person, Adv., Devendra Dagar, Adv., Nishima Arora, Adv.
The 'one bar one vote' principle does not automatically disqualify a member if their name appears in the voter list of another bar association; the member must have actually cast a vote in the election of another bar association to be disqualified.
Headnote:
Mandamus - Inclusion of Name in Voters List - P.K. Dash & Ors. (Supra) - Rule incorporating 'one bar one vote' principle - 52. In the light of the above findings and conclusions, the following directions are issued: (a) The following rule, incorporating the one-bar, one vote principle shall stand incorporated forthwith in relation to every Bar Association in Delhi (including the Delhi High Court Bar Association, the Delhi Bar Association, the New Delhi Bar Association, the Rohini, Shahdara, Saket and Dwarka Courts Bar Association and all other Court/Tribunals attached Bar Associations) - A member who exercises her or his right to vote in any year in the High Court or a District Court Advocate's/Bar Association election shall not be eligible to cast her or his vote and/or contest for any post - either as member of the executive or of an office Bearer, at the election of any other Bar Association. Every member before casting his vote shall in the prescribed form furnish a 'Declaration' that she/he has not voted in the immediately preceding election to any other Bar Association and is not voting in any election of the Supreme Court Bar Association or any other Bar Association. Provided, however, that if such a declaration is found to be false, it shall entail automatic suspension of the member giving such false declaration from membership of the Association for a period of three years.
Fact of the Case:
The petitioner sought inclusion of her name in the final voters list and permission to contest the election for the post of Lady Member Executive in the Dwarka Court Bar Association 2019-20.
Finding of the Court:
The court found that the petitioner's name was wrongly excluded from the final voter list and her nomination was erroneously rejected based on the misinterpretation of the 'one bar one vote' principle.
Issues: The main issue was the wrongful exclusion of the petitioner's name from the final voter list and the erroneous rejection of her nomination for the post of Lady Member Executive.
Ratio Decidendi: The court held that the 'one bar one vote' principle does not automatically disqualify a member if their name appears in the voter list of another bar association, and that the member must have actually cast a vote in the election of another bar association to be disqualified.
Final Decision: The court issued a writ of mandamus directing the respondents to include the petitioner's name in the final voter list and permit her to contest the election for the post of Lady Member Executive in the Dwarka Bar Association.
JUDGMENT :
Sanjeev Sachdeva, J.
Petitioner seeks a mandamus to the respondents to include the name of the petitioner in the final voters list and to re-schedule the election for the Dwarka Court Bar Association 2019-20 voting for which is scheduled on 21.09.2019 or in the alternative to permit the petitioner to contest the election for the post of Lady Member Executive in the said elections.
2. The petitioner enrolled as an Advocate with the Delhi Bar Association and became a member of Dwarka Court Bar Association in the year 2010. The name of the petitioner figured in the tentative voters' list for the ensuing election of the Dwarka Court Bar Association. Petitioner also submitted her declaration in terms of the judgment of the Division Bench of this Court in W.P.(C) 8106/2010 titled P.K. Dash, Advocate & Ors. Vs. Bar Council of Delhi & Ors., (2016) 230 DLT 325 (DB) as modified by the subsequent order dated 18.10.2016 in the said Petition.
3. The petitioner contends that though she is also a member of Shahdara Bar Association and her name figured in the voter list for the election of the Shahdara Bar Association in the year 2017, she did not cast her vote in the said election.
4. The name of the petitioner did not figure in the final voter list of the voters eligible to vote for the Dwarka Court Bar Association. She filed an objection with the Election Committee and also submitted a certificate issued from the Shahdara Bar Association to the effect that though her name figured in the voter list, she did not cast her vote in the said election.
5. Learned counsel for the petitioner submits that despite the petitioner having furnished the requisite certificate and undertaking, respondents have rejected her nomination for the post of Lady Member Executive as her name did not figure in the final voter list.
6. Mr. Devendra Dagar, Advocate who is also member of the Election Committee -Respondent no. 3 for the year 2019-20 appearing in person for the Election Committee submits that the nomination of the petitioner was rejected solely on the ground that her name did not figure in the final voter list.
7. Learned counsel appearing for respondent no. 2 & 4 i.e. Bar Association as also the Nodal Officer/Administrative Officer submits that name of the petitioner was deleted from the final list of voters as her name figured in the Shahdara Bar Association voters list for the 2017 and since thereafter no further election after 2017 was held, she is disqualified in terms of the judgment of the Division Bench in P.K. Dash & Ors. (Supra).
8. It is noticed that the Division Bench in P.K. Dash & Ors. (Supra) by its judgment dated 31.05.2016 laid down the principle of "one bar one vote" and made it applicable to all the Bar Associations in Delhi. By order dated 18.10.2016, the directions were slightly modified and the rule incorporating "one bar one vote" principle was enunciated as under:-
"52. In the light of the above findings and conclusions, the following directions are issued:
(a) The following rule, incorporating the one-bar, one vote principle shall stand incorporated forthwith in relation to every Bar Association in Delhi (including the Delhi High Court Bar Association, the Delhi Bar Association, the New Delhi Bar Association, the Rohini, Shahdara, Saket and Dwarka Courts Bar Association and all other Court/Tribunals attached Bar Associations):
"A member who exercises her or his right to vote in any year in the High Court or a District Court Advocate's/Bar Association election shall not be eligible to cast her or his vote and/or contest for any post - either as member of the executive or of an office Bearer, at the election of any other Bar Association. Every member before casting his vote shall in the prescribed form furnish a "Declaration" that she/he has not voted in the immediately preceding election to any other Bar Association and is not voting in any election of the Supreme Court Bar Association or any other Bar Association. Provided, howeve
