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2026 Supreme(Online)(P&H) 80422

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH


CWP-14793-2026 (O&M)


Date of Decision: May 13, 2026


Sapna Seth Advocate ...Petitioner


Versus


Election Committee Punjab Haryana High Court Bar Association Chandigarh ...Respondent


CORAM: HON'BLE MRS. JUSTICE ARCHANA PURI


HON'BLE MRS. JUSTICE RAMESH KUMARI


Present: Ms.Sapna Seth, Advocate-petitioner-in-person and


Ms.Poonam Saini, Ms.Sonesh Kumari, Ms.Samiksha,


Ms.Muskan, Ms.Pooja Dahiya, Ms.Karishma,


Ms.Neha and Ms.Babita, Advocates.


Mr.Rupinder Khosla, Senior Advocate with


Mr.I.P.S.Kohli, Mr.S.S.Momi, Mr.A.S.Rana,


Mr.Sonu Giri, Mr.Rajiv Goel and Ms.Meenakshi Singh, Advocates


for the respondents.

****

ARCHANA PURI, J.

The petitioner has invoked the jurisdiction of this Court under Article 226/227 of the Constitution of India for issuance of writ in the nature of certiorari for quashing the action of respondents declaring, the petitioner ineligible for contesting the post of Vice-President of the Punjab and Haryana Bar Association, vide the list of candidates published on 08.05.2026.

Also, the petitioner sought issuance of writ of mandamus, thereby, directing the respondents to accept the nomination of the petitioner and permit her to contest the elections.

It is averred in the petition that the petitioner is practicing Advocate, duly enrolled with Bar Council of Delhi, in the year 2007 and she became member of the Punjab and Haryana High Court Bar Association, Chandigarh, in the year 2019 on 24th September and since then, has been regularly participating in the activities of the Association and contributing to the professional work of the Bar.

Furthermore, it is averred that the elections of the Punjab and Haryana High Court Bar Association are governed by the Bar Associations (Constitution and Registration) Rules, 2015 framed by the Bar Council of Punjab and Haryana, as amended upto September 2021. The copy of the election schedule dated 05.04.2026 is Annexure P-1. The said Rules were enacted with the objection of bringing uniformity, transparency and consistency, in the functioning and election process of Bar Associations, within the jurisdiction of the Bar Council. As per the aforesaid Rules of 2015, the eligibility criteria for the post of Vice President requires that the candidate must be a member, having minimum five years of regular and active practice, from the date of enrollment with the Bar Council.

The petitioner submitted her nomination for the post of Vice President, within the prescribed time in the ongoing election process. Even, the Election Committee issued an objection list dated 24.04.2026, wherein certain members, including the petitioner, were placed under objection under serial No.66 and barred from casting their votes, on the ground that they were enrolled with other State Bar Councils. The said objection list was issued under the framework of 2015 Rules. The objection raised against the petitioner was promptly clarified and removed by the petitioner by completing the process of transfer of enrollment from Bar Council Delhi to Bar Council, Punjab and Haryana. After clearing the objection, the petitioner duly filed her nomination along with fee of Rs.18,000/- on 06.05.2026, in the bonafide belief that she fulfills all eligible conditions and that no impediment remained in her candidature.

However, the petitioner was called by the Election Committee on 08.05.2026 at about 2.30 p.m. and was orally informed about her being declared ineligible to contest the election for the post of Vice President by relying upon Clause 12(2) of the Amended Punjab and Haryana High Court Bar Association Rules, 2018, which prescribes a requirement of eight years’ membership for the said post. The petitioner was forced to withdraw her nomination, upon which, she had asked for some time, but after two hours, she was declared ineligible to contest the elections and her nomination was cancelled.

Circular/notice was published on 08.05.2026, stating the list of candidates, competing in the elections. Further also, the Election Committee was even reluctant to give the Rules 2018, as those Rules were not available on any public platform, even not displayed at notice board and only the fee structure, to contest the elections is displayed on the notice board.

Further, it is also averred that the petitioner was defamed by publishing her disqualification on the news channel, namely, ‘babushashi.com’-the insight Darbar, on the same date i.e. 08.05.2026. The said ground of ineligibility had never been communicated at any earlier stage. Also, it is averred further that she had submitted written representation dated 08.05.2026, request

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