IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Decision: 03.12.2025
W.P.(C) 18355/2025 & CM APPL. 75995/2025
SURENDAR KUMAR .....Petitioner
Through: Ms. Jagrati Singh, Mr. Rajpal, Mr.
Vikram Saini, Mr. R.S. Meena,
Advocates along with petitioner in
person (M:9250208553)
versus
BAR COUNCIL OF DELHI & ANR. .....Respondents
Through: Mr. T. Singhdev, Mr. Tanishq
Srivastava, Ms. Yamini Singh, Mr.
Sourabh Kumar, Mr. Vedant Sood,
Advocates for R-1(M:9999012345)
CORAM:
HON'BLE MS. JUSTICE MINI PUSHKARNA
MINI PUSHKARNA, J. (ORAL):
1. At the outset, this Court notes that the Chairman of the Special Committee, constituted by the Bar Council of India (“BCI”), i.e., the Additional Solicitor General of India, has been impleaded as respondent no. 2 in the present petition.
2. Considering the submissions made before this Court, respondent no. 2 is deleted from the array of parties.
3. The present writ petition has been filed seeking directions to the Bar Council of Delhi (“BCD”) to make arrangements for polling/casting of votes for election of members of BCD, scheduled to be held on 13th and 14th February, 2026, in the High Court as well as the District Courts in Delhi, i.e., Dwarka District Court, Tis Hazari District Court, Saket District Court and Karkardooma District Court or any other Court, in view of the large voter strength of more than 1,05,000 advocates.
4. It is submitted that the Supreme Court vide order dated 24th September, 2025, in W.P.(C) 1319/2023 has directed that elections to all State Bar Councils be completed by 31st January, 2026. The BCD, vide its Resolution dated 09th October, 2025, has issued the tentative schedule for election of members of BCD, according to which, the dates of polling are 13th and 14th February, 2026.
5. Learned counsel for the petitioner submits that the total number of eligible voters for the upcoming BCD elections is more than 1,05,000 advocates.
6. Thus, it is submitted that as per the prevalent past practice, polling has been conducted only at the premises of the Delhi High Court, which has resulted in overcrowding, long queues stretching for several hours, security concerns, etc. This also creates difficulty for advocates who have matters listed in different Courts.
7. Thus, it is submitted that the management of such huge public and number of vehicles is impossible, and that it will affect the casting of votes in a fair manner.
8. Learned counsel appearing for the petitioner submits that on the contrary, District Courts in Delhi are well equipped with requisite amenities to make arrangements for polling in the election in question. This would not only make it easy for the advocates to cast their votes who are mainly practicing in those District Courts, but will also put lesser pressure on all other resources. Thus, it is submitted that in view of the impracticality involved in conducting the election in question, wherein, the expected number of voters, other persons involved in conducting the election and supporters are put in one place, it is more feasible to make arrangements in District Courts of Delhi for smooth, free and fair election.
9. Thus, the petitioner seeks directions for establishing polling booths at District Court in feasible locations.
10. Per contra, learned counsel for the respondent-BCD has handed over to this Court an order dated 18th November, 2025, passed by the Supreme Court in W.P.(C) 1319/2023, which is taken on record.
11. The relevant portions of the aforesaid order passed by the Supreme Court, reads as under:
“xxx xxx xxx
9. For the purpose of holding timely elections, the Bar Council of India had earlier submitted the Election Schedule as per its Rules, which would have taken a long time to conclude. Since the time line proposed therein was contrary to the very ethos of timely elections, the BCI has today submitted a written note, proposing expedited election schedule. While we broadly agree with the time-line recommended therein, it seems to us that elections of all the State Bar Councils must, in all circumstances, be concluded before 30.04.2026.
10. On a consideration of the time required for completion of different stages of the election process, we find it necessary and appropriate to invoke the powers vested in this Court under Article 142 of the Constitution and prescribe the following model time line, to be followed for each State Bar Council election that would take place hereafter:
(i) Preparation and publication of provisional electoral rolls (after or pendin
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