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* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 10363/2021 & CM APPLs. 31884/2021, 17981/2022, 51769/2023 AND 57075/2023 LALIT SHARMA AND ORS. .....Petitioners Through: Mr.Pankaj Kumar Singh, Mr. Sarwan Kumar, Ms. Jyoti Kashyap, Mr. Ashish Pandey, Mr. P.S. Singh Advocates with Lalit Sharma and Ms. Shannu Baghel in person.
versus UNION OF INDIA AND ORS. ..... Respondents Through: Mr.Ruchir Mishra, Advocate with Mr.Mukesh Kr.Tiwari and Ms.Reba Jena Mishra, Advocates for UOI.
Mr.Sudeep Singh, Advocate with Mr.Bhavya Sethi, Mr.Akul Mehandru and Mr.Manish Gupta, Advocates.
Mr.Ajay Kumar Agarwal, Advocate with Mr.Sachin Jain and Mr.Shivender Sharma, Advocates for Bar Council of India/R-3.
Mr. Munawwar Naseem, Mr. P.S. Bindra, Mr. Sanjay Kumar and Ms. Himanshi Gupta, Advocates for Rouse Avenue District Court Bar Association with Mr. Arun Sharma, President, Mr. Siddharth, Hony. Secretary, Ms. Indra Chand, Treasurer and Mr. Yajuvender Singh, V.P. for Respondent No.4 Mr.Dayan Krishnan and Mr. Kirti Uppal, Senior Advocates with Mr.Sandeep Sharma, Mr.Siddharth Tripathy, Mr.Sukrit Seth and Mr. Sukrit Seth, Mr. Nagender Benipal Signature Not Verified Digitally Signed By:JASWANT and Mr. Harsh Kumar, Advocates for DHCBA.
Mr. N. Hariharan, Sr. Advocate with Mr. Kundan Lal Gupta, Mr. Manish Gupta, Ms. Pinki Kumari, Mr. Rajesh and Mr. Siddharth S. Yadav, Advocates for DTBA.
Mr. Anupam Srivastava, ASC, GNCTD Mr.Mohit Gupta, Advocate with Mr.Rajeev Tehlan, Mr.Vishal Saxena, Mr.Dhruv Mehta, Ms.Meenakshi Garg and Ms.Seemaf Ali Fatima, Advocates for Impleader.
Mr. Navneet Kumar, Advocate with Mr Arvind Gupta, Mr Sanjeev Verma and Ms. Rama Rao, Advocates for All India Bar Association of NCDRC.
Mr. Vipul Ganda, Mr. Rakesh Kumar, and Mr. S.K. Giri and Mr. Nirti Dua, Advocates Mr. Saurabh Kalia, Advocate with Mr. Rakesh Wadhwa, Mr. Prakhar Dixit and Mr. Sarvik Singhal, Advocates for NCLT & AT Bar Association.
Mr. Amrish Kumar Gautam, President and Mr. Subhash Chandra Gupta, Secretary for Taxation Bar Association.
+ W.P.(C) 4756/2023 & CM APPLs. 18334/2023, 33247/2023, 33248/2023, 36584/2023, 37055/2023, 37056/2023, 37057/2023, 37058/2023, 37063/2023, 37064/2023, 38310/2023 AND 47263/2023 NITIN KUMAR ADVOCATE .....Petitioner Through: Mr. N. Hariharan, senior Advocate with Mr. Siddharth S. Yadav, Advocate.
versus Signature Not Verified Digitally Signed By:JASWANT BAR COUNCIL OF DELHI & ORS. ..... Respondents Through: Mr.Ajay Kumar Agarwal, Advocate with Mr.Sachin Jain and Mr.Shivender Sharma, Advocates for R-1.
Mr. Atul Kumar Sharma, Hony.
Secretaryfor Delhi Bar Association.
Mr.Dayan Krishnan and Mr. Kirti Uppal, Senior Advocates with Mr.Sandeep Sharma, Mr.Siddharth Tripathy, Mr.Sukrit Seth and Mr. Sukrit Seth, Mr. Nagender Benipal and Mr. Harsh Kumar, Advocates for DHCBA.
Dr. N.C. Sharma, Mr. Jitender Solanki and Mr. Piyush Sharma, Advocates for Dwarka Court Bar Association.
Mr.N.K.Kadian, Advocate with Mr.Manjeet Mathur, Advocate for R-
7.
Mr. B.D. Pandey and Mr. Piyush Sharma, Mr. Jitender Solanki, Advocates for Dwarka Bar Association.
Bindra, Mr. Sanjay Kumar and Ms. Himanshi Gupta, Advocates for Rouse Avenue District Court Bar Association with Mr. Arun Sharma, President, Mr. Siddharth, Hony. Secretary, Ms. Indra Chand, Treasurer and Mr. Yajuvender Singh, V.P. for Respondent No.9.
Mr.Mohit Gupta, Advocate with Mr.Rajeev Tehlan, Mr.Vishal Saxena, Mr.Dhruv Mehta, Ms.Meenakshi Garg and Ms.Seemaf Ali Fatima, Advocates for Impleader.
Signature Not Verified Digitally Signed By:JASWANT Mr.Pankaj Kumar Singh, Mr. Sarwan Kumar, Ms. Jyoti Kashyap, Mr. Ashish Pandey, Mr. P.S. Singh Advocates along with Lalit Sharma in person.
Mr. Navneet Kumar, Advocate with Mr Arvind Gupta, Mr Sanjeev Verma and Ms. Rama Rao, Advocates for All India Bar Association of NCDRC.
Mr. Amrish Kumar Gautam, President and Mr. Subhash Chandra Gupta, Secretary for Taxation Bar Association.
+ W.P.(C) 6338/2023 & CM APPLs. 24878/2023 AND 51772/2023 P K DASH ADVOCATE .....Petitioner Through: Petitioner in person with Mr.Gautam Das, Mr. Abheet Pawan Choudhary, Ms. Prachi Joshi, and Mr. Santosh Rout, Advocates.
Versus SAKET BAR ASSOCIATION AND ORS. ..... Respondents Through: Mr.Ajay Kumar Agarwal, Advocate with Mr.Sachin Jain and Mr.Shivender Sharma, Advocates for Bar Council of Delhi/R-2.
Mr. Dayan Krishnan and Mr. Kirti Uppal, Senior Advocates with Mr.Sandeep Sharma, Mr.Siddharth Tripathy, Mr.Sukrit Seth and Mr. Sukrit Seth, Mr. Nagender Benipal and Mr. Harsh Kumar, Advocates for DHCBA.
Mr. Anurag Ahluwalia, CGSC for DHC Mr. Kiri Uppal, Senior Advocate with Mr. Harsh Kumar, Advocate.
Signature Not Verified Digitally Signed By:JASWANT Mr. Atul Kumar Sharma, Hony.
Secretaryfor Delhi Bar Association.
Mr. Satyakam with Mr. Pradyut Kashyap, Advocates for R-5 and R-6. Bindra, Mr. Sanjay Kumar and Ms. Himanshi Gupta, Advocates for Rouse Avenue District Court Bar Association with Mr. Arun Sharma, President, Mr. Siddharth, Hony. Secretary, Ms. Indra Chand, Treasurer and Mr. Yajuvender Singh, V.P. for Respondent No.7.
Mr. Navneet Kumar, Advocate with Mr Arvind Gupta, Mr Sanjeev Verma and Ms. Rama Rao, Advocates for All India Bar Association of NCDRC.
Dr. N.C. Sharma, Mr. Jitender Solanki and Mr. Piyush sharma, Advocates for Dwarka Court Bar Association.
Mr. Amrish Kumar Gautam, President and Mr. Subhash Chandra Gupta, Secretary for Taxation Bar Association.
+ W.P.(C) 17018/2022 & CM APPL. 53332/2023 P K DASH ADVOCATE .....Petitioner Through: Petitioner in person with Mr.Gautam Das, Mr. Abheet Pawan Choudhary, Ms. Prachi Joshi, and Mr. Santosh Rout, Advocates.
Versus BAR COUNCIL OF DELHI AND ORS. ..... Respondents Through: Mr.Ajay Kumar Agarwal, Advocate with Mr.Sachin Jain and Mr.Shivender Sharma, Advocates for R-1.
Signature Not Verified Digitally Signed By:JASWANT Mr.Dayan Krishnan and Mr. Kirti Uppal, Senior Advocates with Mr.Sandeep Sharma, Mr.Siddharth Tripathy, Mr.Sukrit Seth and Mr. Sukrit Seth, Mr. Nagender Benipal and Mr. Harsh Kumar, Advocates for DHCBA.
Mr. Atul Kumar Sharma, Hony.
Secretaryfor Delhi Bar Association.
Mr. Satyakam with Mr. Pradyut Kashyap, Advocates for R-5 and R-6. Bindra, Mr. Sanjay Kumar and Ms. Himanshi Gupta, Advocates for Rouse Avenue District Court Bar Association with Mr. Arun Sharma, President, Mr. Siddharth, Hony. Secretary, Ms. Indra Chand, Treasurer and Mr. Yajuvender Singh, V.P. for Respondent No.9.
Mr. Navneet Kumar, Advocate with Mr Arvind Gupta, Mr Sanjeev Verma and Ms. Rama Rao, Advocates for All India Bar Association of NCDRC.
Dr. N.C. Sharma, Mr. Jitender Solanki and Mr. Piyush sharma, Advocates for Dwarka Court Bar Association.
Mr. Amrish Kumar Gautam, President and Mr. Subhash Chandra Gupta, Secretary for Taxation Bar Association.
+ W.P.(C) 13140/2023 & CM APPL. 51894/2023 RAJIV KHOSLA .....Petitioner Through: Petitioner in person.
Versus Signature Not Verified Digitally Signed By:JASWANT REGISTRAR GENERAL, HIGH COURT OF DELHI ..... Respondents Through: Mr.Anurag Ahluwalia, CGSC for R-1.
Mr.Ajay Kumar Agarwal, Advocate with Mr.Sachin Jain and Mr.Shivender Sharma, Advocates for Bar Council of Delhi/R-2.
Mr. Atul Kumar Sharma, Hony.
Secretaryfor Delhi Bar Association.
Mr.Dayan Krishnan and Mr. Kirti Uppal, Senior Advocates with Mr.Sandeep Sharma, Mr.Siddharth Tripathy, Mr.Sukrit Seth and Mr. Sukrit Seth, Mr. Nagender Benipal and Mr. Harsh Kumar, Advocates for DHCBA.
Mr. Navneet Kumar, Advocate with Mr Arvind Gupta, Mr Sanjeev Verma and Ms. Rama Rao, Advocates for All India Bar Association of NCDRC.
Mr. Amrish Kumar Gautam, President and Mr. Subhash Chandra Gupta, Secretary for Taxation Bar Association.
Reserved on : 18 th December, 2023 % Date of Decision : 19 th March, 2024 CORAM:
HON'BLE THE ACTING CHIEF JUSTICE HON’BLE MR. JUSTICE RAJIV SHAKDHER HON’BLE MR. JUSTICE SURESH KUMAR KAIT Signature Not Verified Digitally Signed By:JASWANT TABLE OF CONTENTS Para Nos.
ISSUES.............................................................................................................................1 BACKGROUNDFACTS.............................................................................................2-12 STANDOFTHEPARTIES.......................................................................................13-24 COURT’SREASONING...........................................................................................25-37 CONCLUSION........................................................................................................38-39
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* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 10363/2021 & CM APPLs. 31884/2021, 17981/2022, 51769/2023 AND 57075/2023 LALIT SHARMA AND ORS. .....Petitioners Through: Mr.Pankaj Kumar Singh, Mr. Sarwan Kumar, Ms. Jyoti Kashyap, Mr. Ashish Pandey, Mr. P.S. Singh Advocates with Lalit Sharma and Ms. Shannu Baghel in person.
versus UNION OF INDIA AND ORS. ..... Respondents Through: Mr.Ruchir Mishra, Advocate with Mr.Mukesh Kr.Tiwari and Ms.Reba Jena Mishra, Advocates for UOI.
Mr.Sudeep Singh, Advocate with Mr.Bhavya Sethi, Mr.Akul Mehandru and Mr.Manish Gupta, Advocates.
Mr.Ajay Kumar Agarwal, Advocate with Mr.Sachin Jain and Mr.Shivender Sharma, Advocates for Bar Council of India/R-3.
Mr. Munawwar Naseem, Mr. P.S. Bindra, Mr. Sanjay Kumar and Ms. Himanshi Gupta, Advocates for Rouse Avenue District Court Bar Association with Mr. Arun Sharma, President, Mr. Siddharth, Hony. Secretary, Ms. Indra Chand, Treasurer and Mr. Yajuvender Singh, V.P. for Respondent No.4 Mr.Dayan Krishnan and Mr. Kirti Uppal, Senior Advocates with Mr.Sandeep Sharma, Mr.Siddharth Tripathy, Mr.Sukrit Seth and Mr. Sukrit Seth, Mr. Nagender Benipal Signature Not Verified Digitally Signed By:JASWANT and Mr. Harsh Kumar, Advocates for DHCBA.
Mr. N. Hariharan, Sr. Advocate with Mr. Kundan Lal Gupta, Mr. Manish Gupta, Ms. Pinki Kumari, Mr. Rajesh and Mr. Siddharth S. Yadav, Advocates for DTBA.
Mr. Anupam Srivastava, ASC, GNCTD Mr.Mohit Gupta, Advocate with Mr.Rajeev Tehlan, Mr.Vishal Saxena, Mr.Dhruv Mehta, Ms.Meenakshi Garg and Ms.Seemaf Ali Fatima, Advocates for Impleader.
Mr. Navneet Kumar, Advocate with Mr Arvind Gupta, Mr Sanjeev Verma and Ms. Rama Rao, Advocates for All India Bar Association of NCDRC.
Mr. Vipul Ganda, Mr. Rakesh Kumar, and Mr. S.K. Giri and Mr. Nirti Dua, Advocates Mr. Saurabh Kalia, Advocate with Mr. Rakesh Wadhwa, Mr. Prakhar Dixit and Mr. Sarvik Singhal, Advocates for NCLT & AT Bar Association.
Mr. Amrish Kumar Gautam, President and Mr. Subhash Chandra Gupta, Secretary for Taxation Bar Association.
+ W.P.(C) 4756/2023 & CM APPLs. 18334/2023, 33247/2023, 33248/2023, 36584/2023, 37055/2023, 37056/2023, 37057/2023, 37058/2023, 37063/2023, 37064/2023, 38310/2023 AND 47263/2023 NITIN KUMAR ADVOCATE .....Petitioner Through: Mr. N. Hariharan, senior Advocate with Mr. Siddharth S. Yadav, Advocate.
versus Signature Not Verified Digitally Signed By:JASWANT BAR COUNCIL OF DELHI & ORS. ..... Respondents Through: Mr.Ajay Kumar Agarwal, Advocate with Mr.Sachin Jain and Mr.Shivender Sharma, Advocates for R-1.
Mr. Atul Kumar Sharma, Hony.
Secretaryfor Delhi Bar Association.
Mr.Dayan Krishnan and Mr. Kirti Uppal, Senior Advocates with Mr.Sandeep Sharma, Mr.Siddharth Tripathy, Mr.Sukrit Seth and Mr. Sukrit Seth, Mr. Nagender Benipal and Mr. Harsh Kumar, Advocates for DHCBA.
Dr. N.C. Sharma, Mr. Jitender Solanki and Mr. Piyush Sharma, Advocates for Dwarka Court Bar Association.
Mr.N.K.Kadian, Advocate with Mr.Manjeet Mathur, Advocate for R-
7.
Mr. B.D. Pandey and Mr. Piyush Sharma, Mr. Jitender Solanki, Advocates for Dwarka Bar Association.
Bindra, Mr. Sanjay Kumar and Ms. Himanshi Gupta, Advocates for Rouse Avenue District Court Bar Association with Mr. Arun Sharma, President, Mr. Siddharth, Hony. Secretary, Ms. Indra Chand, Treasurer and Mr. Yajuvender Singh, V.P. for Respondent No.9.
Mr.Mohit Gupta, Advocate with Mr.Rajeev Tehlan, Mr.Vishal Saxena, Mr.Dhruv Mehta, Ms.Meenakshi Garg and Ms.Seemaf Ali Fatima, Advocates for Impleader.
Signature Not Verified Digitally Signed By:JASWANT Mr.Pankaj Kumar Singh, Mr. Sarwan Kumar, Ms. Jyoti Kashyap, Mr. Ashish Pandey, Mr. P.S. Singh Advocates along with Lalit Sharma in person.
Mr. Navneet Kumar, Advocate with Mr Arvind Gupta, Mr Sanjeev Verma and Ms. Rama Rao, Advocates for All India Bar Association of NCDRC.
Mr. Amrish Kumar Gautam, President and Mr. Subhash Chandra Gupta, Secretary for Taxation Bar Association.
+ W.P.(C) 6338/2023 & CM APPLs. 24878/2023 AND 51772/2023 P K DASH ADVOCATE .....Petitioner Through: Petitioner in person with Mr.Gautam Das, Mr. Abheet Pawan Choudhary, Ms. Prachi Joshi, and Mr. Santosh Rout, Advocates.
Versus SAKET BAR ASSOCIATION AND ORS. ..... Respondents Through: Mr.Ajay Kumar Agarwal, Advocate with Mr.Sachin Jain and Mr.Shivender Sharma, Advocates for Bar Council of Delhi/R-2.
Mr. Dayan Krishnan and Mr. Kirti Uppal, Senior Advocates with Mr.Sandeep Sharma, Mr.Siddharth Tripathy, Mr.Sukrit Seth and Mr. Sukrit Seth, Mr. Nagender Benipal and Mr. Harsh Kumar, Advocates for DHCBA.
Mr. Anurag Ahluwalia, CGSC for DHC Mr. Kiri Uppal, Senior Advocate with Mr. Harsh Kumar, Advocate.
Signature Not Verified Digitally Signed By:JASWANT Mr. Atul Kumar Sharma, Hony.
Secretaryfor Delhi Bar Association.
Mr. Satyakam with Mr. Pradyut Kashyap, Advocates for R-5 and R-6. Bindra, Mr. Sanjay Kumar and Ms. Himanshi Gupta, Advocates for Rouse Avenue District Court Bar Association with Mr. Arun Sharma, President, Mr. Siddharth, Hony. Secretary, Ms. Indra Chand, Treasurer and Mr. Yajuvender Singh, V.P. for Respondent No.7.
Mr. Navneet Kumar, Advocate with Mr Arvind Gupta, Mr Sanjeev Verma and Ms. Rama Rao, Advocates for All India Bar Association of NCDRC.
Dr. N.C. Sharma, Mr. Jitender Solanki and Mr. Piyush sharma, Advocates for Dwarka Court Bar Association.
Mr. Amrish Kumar Gautam, President and Mr. Subhash Chandra Gupta, Secretary for Taxation Bar Association.
+ W.P.(C) 17018/2022 & CM APPL. 53332/2023 P K DASH ADVOCATE .....Petitioner Through: Petitioner in person with Mr.Gautam Das, Mr. Abheet Pawan Choudhary, Ms. Prachi Joshi, and Mr. Santosh Rout, Advocates.
Versus BAR COUNCIL OF DELHI AND ORS. ..... Respondents Through: Mr.Ajay Kumar Agarwal, Advocate with Mr.Sachin Jain and Mr.Shivender Sharma, Advocates for R-1.
Signature Not Verified Digitally Signed By:JASWANT Mr.Dayan Krishnan and Mr. Kirti Uppal, Senior Advocates with Mr.Sandeep Sharma, Mr.Siddharth Tripathy, Mr.Sukrit Seth and Mr. Sukrit Seth, Mr. Nagender Benipal and Mr. Harsh Kumar, Advocates for DHCBA.
Mr. Atul Kumar Sharma, Hony.
Secretaryfor Delhi Bar Association.
Mr. Satyakam with Mr. Pradyut Kashyap, Advocates for R-5 and R-6. Bindra, Mr. Sanjay Kumar and Ms. Himanshi Gupta, Advocates for Rouse Avenue District Court Bar Association with Mr. Arun Sharma, President, Mr. Siddharth, Hony. Secretary, Ms. Indra Chand, Treasurer and Mr. Yajuvender Singh, V.P. for Respondent No.9.
Mr. Navneet Kumar, Advocate with Mr Arvind Gupta, Mr Sanjeev Verma and Ms. Rama Rao, Advocates for All India Bar Association of NCDRC.
Dr. N.C. Sharma, Mr. Jitender Solanki and Mr. Piyush sharma, Advocates for Dwarka Court Bar Association.
Mr. Amrish Kumar Gautam, President and Mr. Subhash Chandra Gupta, Secretary for Taxation Bar Association.
+ W.P.(C) 13140/2023 & CM APPL. 51894/2023 RAJIV KHOSLA .....Petitioner Through: Petitioner in person.
Versus Signature Not Verified Digitally Signed By:JASWANT REGISTRAR GENERAL, HIGH COURT OF DELHI ..... Respondents Through: Mr.Anurag Ahluwalia, CGSC for R-1.
Mr.Ajay Kumar Agarwal, Advocate with Mr.Sachin Jain and Mr.Shivender Sharma, Advocates for Bar Council of Delhi/R-2.
Mr. Atul Kumar Sharma, Hony.
Secretaryfor Delhi Bar Association.
Mr.Dayan Krishnan and Mr. Kirti Uppal, Senior Advocates with Mr.Sandeep Sharma, Mr.Siddharth Tripathy, Mr.Sukrit Seth and Mr. Sukrit Seth, Mr. Nagender Benipal and Mr. Harsh Kumar, Advocates for DHCBA.
Mr. Navneet Kumar, Advocate with Mr Arvind Gupta, Mr Sanjeev Verma and Ms. Rama Rao, Advocates for All India Bar Association of NCDRC.
Mr. Amrish Kumar Gautam, President and Mr. Subhash Chandra Gupta, Secretary for Taxation Bar Association.
Reserved on : 18 th December, 2023 % Date of Decision : 19 th March, 2024 CORAM:
HON'BLE THE ACTING CHIEF JUSTICE HON’BLE MR. JUSTICE RAJIV SHAKDHER HON’BLE MR. JUSTICE SURESH KUMAR KAIT Signature Not Verified Digitally Signed By:JASWANT TABLE OF CONTENTS Para Nos.
ISSUES.............................................................................................................................1 BACKGROUNDFACTS.............................................................................................2-12 STANDOFTHEPARTIES.......................................................................................13-24 COURT’SREASONING...........................................................................................25-37 CONCLUSION........................................................................................................38-39
Elections - Bar Associations - The court directed that elections to the Executive Committees of all Bar Associations in Delhi should be held simultaneously and for a uniform period of two years. It also mandated the issuance of ID/Proximity Cards and RFID for all lawyers to ensure fair and transparent elections. The court prohibited hosting of election parties, printing of posters, and erection of hoardings to curb the use of money power in elections.
Fact of the Case:
The court considered the issue of holding simultaneous elections for the Executive Committees of different Bar Associations in Delhi and the issuance of ID/Proximity Cards and RFID for lawyers. The court also addressed the purity of elections by prohibiting certain election-related activities.
Finding of the Court:
The court found that consensus was reached among the Bar Associations for simultaneous elections and a uniform tenure of two years for the Executive Committees. It also concluded that the issuance of ID/Proximity Cards and RFID was necessary for fair and transparent elections. The court prohibited certain election-related activities to curb the use of money power.
Issues: The vital issues considered by the court were whether elections to the Executive Committees of different Bar Associations in Delhi should be held simultaneously, the tenure of such Executive Committees, and the issuance of ID/Proximity Cards and RFID for lawyers. The court also addressed the purity of elections by prohibiting certain election-related activities.
Ratio Decidendi: The court's decision was influenced by the need for uniformity, transparency, and fairness in the election process of all Bar Associations. The court aimed to implement the principle of 'One Bar One Vote' effectively and to reduce electoral malpractices. The court also emphasized the importance of accountability and purity in elections.
Final Decision: The court directed that elections to the Executive Committees of all Bar Associations in Delhi should be held simultaneously and for a uniform period of two years. It mandated the issuance of ID/Proximity Cards and RFID for all lawyers to ensure fair and transparent elections. The court also prohibited hosting of election parties, printing of posters, and erection of hoardings to curb the use of money power in elections.
JUDGMENT
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 scrupulouslyimplemented. 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 Associations | Term | Due Date |
| 1. | Delhi High Court Bar Association | Two Year1 | 28.09.2024 |
| 2. | Central Administrative Tribunal Bar Association | One Year | 17.11.2023 |
| 3. | Armed Forces Tribunal Bar Association | One Year | 01.03.2024 |
| 4. | Taxation Bar Association | One Year | 09.06.2024 |
| 5. | Delhi Tax Bar Association | One Year | 30.11.2023 |
| 6. | Debt Recovery Tribunal Bar Association | Two Year | No election held since 2013 due to litigation in |
| W.P.(C) 2171/2019 Anand Aggarwal vs. Bar Council of India | |||
| 7. | New Delhi Bar Association (Patiala House) | Two Year | 15.07.2024 |
| 8. | Dwarka Court Bar Association | One Year | 08.04.2023 |
| 9. | Saket Court Bar Association | One Year | 18.09.2022 |
| 10. | Shahadara Bar Association | One Year | 04.06.2023 |
| 11. | Sales Tax Bar Association | One Year | 26.05.2024 |
| 12. | Rohini Court Bar Association | Two Year | 08.04.2023 |
| 13. | Delhi Bar Association (Tis Hazari) | Two Year | 15.09.2024 |
| 14. | 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, RFID in respect of vehicles of lawyers:-
“10.1 A central database be created and maintained in the Delhi High Court under the aegis of the Registrar General/Registrar specially so designated by the High Court, of all
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