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2025 Supreme(Online)(Del) 4801
IN THE HIGH COURT OF DELHI AT NEW DELHI
Prathiba M. Singh, NAVIN CHAWLA, C. Hari Shankar, JJ
LALIT SHARMA AND ORS. – Appellant
Versus
UNION OF INDIA &ORS. – Respondent
W.P.(C) 10363/2021
For the Appellants/Petitioners: None
For the Respondents: Mr. Rajesh Kumar Sharma, Mr. Abhishek Pandey, Mr. Divyansh Tiwari, Mr. Ruchir Mishrra, Mr. Sanjiv Kumar Saxena, Mr. Mukesh Kumar Tiwari, Ms. Poonam Shukla, Ms. Reba Jena Mishra, Dr. Amit George, Mr. Adhishwar Suri, Mr. Biju T. Samuel, Mr. T. Singhdev, Mr. Tanishq Srivastava, Mr. Abhijit Chakravarty, Ms. A. Hussain, Mr. Bhanu Gulati, Ms. Yamini Singh, Mr. Sourabh Kumar
Elections for the Bar Association require adequate funding, necessitating candidate deposits for legitimacy.
Headnote:The judgment concerns the conduct of elections for the Shahdara Bar Association. The Court analyzed funding issues for the elections, particularly the necessity of candidates depositing Rs.65,000 each due to the Bar Association's insufficient funds. The Court found that substantial participation in the deposit requirement was necessary to proceed with elections. The Court stated: '...the applicants have submitted that they are not willing to deposit the said amount of Rs. 65,000/-...' After deliberation, the application was disposed of, allowing candidates to contest if they deposit the money in time.
| Table of Content |
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| 1. judgment presented through hybrid mode for effective hearings. (Para 1 , 2) |
| 2. conduct of elections hinges on financial adequacy. (Para 3) |
JUSTICE PRATHIBA M. SINGH JUSTICE NAVIN CHAWLA JUSTICE C. HARI SHANKAR Prathiba M. Singh, J. (Oral)
1. This hearing has been done through hybrid mode.
CM APPL.30972/2025 (for exemption)
2. Allowed, subject to all just exceptions. Application is disposed of.
CM APPL.30971/2025 (for exemption from filing Rs.65,000/-)
3. In the present writ petition, directions have been issued from time to time, in respect of conduct of elections to the Delhi High Court Bar W.P.(C) 10363/2021 Page 1 of 5 Signature Not Verified Signed By:DHIRENDER Association as also the various Bar Associations in the District Courts. Vide order dated 21st February, 2025, finally, elections were fixed for being conducted in all Courts simultaneously on 21st March, 2025.
4. The elections to all the Bar Associations were concluded on 21st March, 2025, except in respect of the Saket Bar Association and the Shahdara Bar Association, which were called off due to various reasons. Accordingly, certain applications were filed in respect of these two Bar Associations which were considered by this Court on 7th April, 2025 and the said applications were disposed of and necessary directions were issued for the conduct of elections to the two District Court Bar Associations, on 09th May, 2025.
5. Consequently, the elections to the Saket Bar Association have been successfully concluded on 9th May, 2025. However, certain applications were filed before this Court raising several grievances with respect to the conduct of elections to the Shahdara Bar Association. One such application was filed by Justice Talwant Singh (Retd.) who is the Chairperson of the Shahdara Bar Association Election Committee (hereinafter, ‘the Chairperson’).
6. All such grievances were duly considered by this Court and an order dated 8th May, 2025 was passed with necessary directions for the conduct of elections to the Shahdara Bar Association on 24th May, 2025. In the said order dated 8th May, 2025, the Court had considered the submissions made by the Chairperson stating that more than Rs. 25 lakhs was required for conduct of elections to the Shahdara Bar Association and the said Bar Association did not have any funds. Therefore, directions were issued to the candidates contesting for some specific posts to deposit Rs.65,000/- each to ensure the sufficiency of funds for conduct of the elections.
7. Today, an application has been filed on behalf of Mr. D.D. Pandey, W.P.(C) 10363/2021 Page 2 of 5 Signature Not Verified Signed By:DHIRENDER contesting for the position of Secretary in the elections to the Shahdara Bar Association, seeking exemption from depositing the sum of Rs.65,000/-.
Certain submissions have been made on his behalf including:
i. Firstly, there ought to be sufficient funds in Shahdara Bar Association, considering the amount of collections that are received by the said Bar Association and;
ii. Secondly, an amount of more than Rs.1 crores ought to be lying in the Fixed Deposit account of the Shahdara Bar Association and the same could be utilized for conduct of the elections. Thus, the deposit of Rs.65,000/- should be made voluntary.
8. Heard. On the last date of hearing i.e. 16th May, 2025, this Court had disposed of a similar application which was filed on behalf of three members of Shahdara Bar Association. While disposing of the said application, this Court held as follows:
“7. The Court has heard Mr. Pradeep Kumar Yadav, ld. Counsel for the Applicants as also the ld. Counsel appearing for the Chairperson.
8. The reason why the Court, vide the order dated 8th May, 2025 had directed the above stated candidates to deposit the sum of Rs.65,000/- each, was because of the submissions made on behalf of the Ld. Chairperson, stating that there were not enough funds with the Shahdara Bar Association for conduct of the elections. 9. Upon submissions to such e
