JUDGMENT

TABLE OF CONTENTS

Para Nos.ISSUES 1BACKGROUND FACTS 2-12STAND OF THE PARTIES 13-24COURT'S REASONING 25-37CONCLUSION 38-39

MANMOHAN, ACJ:

ISSUES

1. The issues that arise for consideration in the present batch of petitions are of vital public importance namely as to whether elections to the Executive Committees of different Bar Associations in Delhi should be held simultaneously and whether the terms/tenures of such Executive Committees should be for a uniform period. Further whether Identity/Proximity Cards (`ID/Proximity Cards') and Radio Frequency Identification Tag/Stickers (`RFID') should be mandatorily issued to all lawyers and if so by whom? Also to ensure purity in elections, should this Court prohibit hosting of election parties, printing of posters and erection of hoardings?

BACKGROUND FACTS

2. The learned Predecessor Division Bench vide order dated 24th August, 2023 in the present batch of matters had constituted a Committee comprising three sitting Judges of this Court as well as the Chairman, Bar Council of Delhi, President of Delhi High Court Bar Association and the then Chairman, Coordination Committee of all District Courts Bar Associations of Delhi to explore the possibility of holding uniform elections in respect of all Bar Associations on one day and of preparation of ID/Proximity Cards for lawyers, RFID in respect of vehicles of lawyers and to submit a report in respect thereto.

3. During the meeting, it was represented before the Committee by some Advocates that rule of `One Bar One Vote' laid down in P.K. Dash Advocate vs. Bar Council of Delhi, 2016 SCC OnLine Del 3493, is not being scrupulously implemented. The said Committee held several rounds of meetings and deliberations with members of the Executive Committees of various Bar Associations as also other members of the Bar Associations and Bar Council of Delhi. The Committee by majority concluded that one of the major factors for the rule of `One Bar One Vote' not being scrupulously implemented was the disparity in the length of the term of the Executive Committee and the elections being held on different dates by different Bar Associations.

4. The Committee in its report dated 22nd September, 2023 reproduced the tenure and the due date of elections to the fourteen (14) Bar Associations in Delhi as under:-

Sl. No. Name of the AssociationsTerm Due Date1. Delhi High Court Bar AssociationTwo Year[(Issue of Term (i.e. one year or two years) is sub-judice in CS(OS) 2149/2013] 28.09.20242. Central Administrative Tribunal Bar Association One Year17.11.20233.Armed Forces Tribunal Bar Association One Year01.03.20244.Taxation Bar Association One Year09.06.20245.Delhi Tax Bar Association One Year30.11.20236.Debt Recovery Tribunal Bar Association Two YearNo election held since 2013 due to litigation in Anand Aggarwal vs. Bar Council of India7.New Delhi Bar Association (Patiala House) Two Year15.07.20248.Dwarka Court Bar Association One Year08.04.20239.Saket Court Bar Association One Year18.09.202210.Shahadara Bar Association One Year04.06.202311.Sales Tax Bar Association One Year26.05.202412.Rohini Court Bar Association Two Year08.04.202313.Delhi Bar Association (Tis Hazari) Two Year15.09.202414.Rouse Avenue Court Bar Association Ad-hoc Committee 15.03.2021

5. The Committee in its report candidly admitted that unanimity could not be achieved amongst the members of the Committee about (a) holding of elections of all the Bar Associations on one day, (b) holding of elections of the Bar Associations whose term had already expired as an interim measure, (c) permitting only bonafide members to cast vote in an election, (d) criteria for determining a bonafide member and (e) supersession of the Executive Committee on failure to adhere to the election schedule and to notify the next election within the stipulated time. However, the majority of the Committee Members after deliberations gave the following suggestions for issuance of ID/Proximity Cards for lawyers,

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