JUDGMENT :

INTRODUCTION

1. The present batch of Petitions has been received on transfer from the Hon’ble Supreme Court of India, whereby the Special Leave Petitions being SLP(C) Nos. 17499–17501 of 2026, titled Birender Sangwan v. High Powered Election Supervisory Committee & Ors. (“SLPs”) filed before the Hon’ble Supreme Court have been transferred to this Court and re-numbered as W.P.(C) 7531/2026, W.P.(C) 7532/2026 and W.P.(C) 7533/2026 (“Writ Petitions”). W.P.(C) No. 7972/2026, Rudra Vikram Singh v. Bar Council of Delhi & Ors., was not part of the SLPs filed before the Hon’ble Supreme Court and was directly filed before the learned Single Judge of this Court, who vide order dated 29.05.2026 transferred the said petition to this Bench in view of constitution of this Bench to hear the Writ Petitions.

2. All these petitions arise out of the election of Bar Council of Delhi (“BCD”) held in the precincts of this Court on 21.02.2026, 22.02.2026 and 23.02.2026, in which 221 candidates contested for 23 posts under the preferential voting system (“BCD Election”). First-preference counting was undertaken from 07.03.2026 to 09.04.2026. Elimination-based counting of subsequent preferences began on 13.04.2026, when 45 candidates were eliminated, followed by 28 more on 14.04.2026.

3. During the 80^th elimination, a member of the counting staff was found to have altered / manipulated voter preferences on certain ballot papers. Accordingly, counting was halted, FIR No. 45/2026 (“FIR”) was registered at P.S. Tilak Marg, and the accused was identified and produced before the police on 15.04.2026.

4. The Petitioners contend that the BCD Election process stands vitiated by the admitted ballot-tampering incident of 15.04.2026, along with other alleged irregularities in the conduct of the election, counting, and non-compliance with the Model Code of Conduct (“MCC”).

5. The Petitioners in the Writ Petitions then approached the High- Powered Election Supervisory Committee (“HPESC”), constituted by the Hon’ble Supreme Court by order dated 18.11.2025 in M. Varadhan v. Union of India & Ors., W.P.(C) No. 1319/2023, seeking, inter alia, a re- poll of the BCD Election on account of the admitted ballot-tampering incident. By order dated 06.05.2026 (“Impugned Order”), the HPESC rejected the prayer and directed that counting to recommence from the stage immediately after completion of first-preference counting on 09.04.2026, with the RO to make suitable arrangements and resume counting from the elimination stage.

6. Aggrieved thereby, the Petitioners approached the Hon’ble Supreme Court by way of SLPs and vide Order dated 18.05.2026, the Hon’ble Supreme Court transferred the SLPs to this Court and directed that further counting of ballot papers shall remain in abeyance until final adjudication of the matter by this Court.

FACTUAL BACKGROUND & PROCEDURAL HISTORY:

7. Respondent No. 1, BCD, is a statutory body constituted under Section 3 of the Advocates Act, 1961 (“Advocates Act”). Under Section 6 of the Advocates Act, one of its functions is to hold elections to its members, whose term is five years from publication of the election result. The previous election for reconstitution of the BCD was held in 2018.

8. Section 8A of the Advocates Act provides that if a State Bar Council fails to hold elections before expiry of its term or extended term, the Bar Council of India (“BCI”) must constitute a Special Committee from the following day.

9. Accordingly, by letter dated 10.10.2025, the BCI constituted a Special Committee for the BCD under Section 8A of the Advocates Act, which presently exercises the powers and functions of the BCD.

10. By Advisory dated 03.11.2025, the Special Committee directed prospective candidates to remove hoardings, ballots, posters and similar material, and cautioned them against conduct bringing disrepute to the legal profession.

11. In M. Varadhan (supra), by order dated 18.11.2025, the Hon’ble Supreme Court directed that elections to the State