W.P.(C) 8197/2022 & connected matters Page 1 of 19

$~58 to 60

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IN THE HIGH COURT OF DELHI AT NEW DELHI

Date of Decision: 12^th September, 2022.

+

W.P.(C) 8197/2022 & CM APPL. 34021/2022

RAJIV KHOSLA

..... Petitioner

Through:

Mr. Sunil Singh and Ms. Anuwesha

Borah, Advocates with Petitioner in

person.

versus

DELHI HIGH COURT BAR ASSOCIATION & ORS.

..... Respondent

Through:

Mr. Mohit Mathur and

Mr. Sudhdanshu Batra, Senior

Advocates with Mr. Nikhil Mehta and

Mr. Devashu Chauhan, Advocates for

R-1.

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W.P.(C) 13027/2022, CM APPLs. 39465-39466/2022, 39915-

39916/2022 & 40005-40006/2022

S C MALHOTRA

..... Petitioner

Through:

Mr. Rajiv Khosla, Mr. Sunil Singh

and Ms. Anuwesha Borah, Advocates.

versus

DELHI HIGH COURT BAR ASSOCIATION AND ORS.

..... Respondents

Through:

Mr. Mohit Mathur and

Mr. Sudhdanshu Batra, Senior

Advocates with Mr. Nikhil Mehta and

Mr. Devashu Chauhan, Advocates for

R-1.

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/003640

W.P.(C) 8197/2022 & connected matters Page 2 of 19

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W.P.(C) 13030/2022 & CM APPL. 39473-39474/2022

ASHUTOSH KUMAR SINGH

..... Petitioner

Through:

Mr. Rakesh Tiku, Senior Advocate

with Mr. Rajiv Khosla, Mr. Sunil

Singh and Ms. Anuwesha Borah,

Advocates.

versus

DELHI HIGH COURT BAR ASSOCIATION & ORS.

.... Respondents

Through:

Mr. Mohit Mathur and

Mr. Sudhdanshu Batra, Senior

Advocates with Mr. Nikhil Mehta and

Mr. Devashu Chauhan, Advocates for

R-1.

CORAM:

HON'BLE MR. JUSTICE SANJEEV NARULA

JUDGMENT

SANJEEV NARULA, J. (Oral):

1. In the backdrop of forthcoming elections for the Executive Committee

of the Delhi High Court Bar Association [“DHCBA”] scheduled for 29th

September 2022, Petitioners in W.P. (C) No. 13027/2022 (Mr. S.C.

Malhotra) and W.P. (C) No. 13030/2022 (Mr. Ashutosh Kumar Singh), who

are members of the DHCBA, are aggrieved with deletion of their names

from the list of eligible voters. They seek time to pay their outstanding dues

in terms of rules/ resolutions/ guidelines/ constitution of the DHCBA, and to

be included in the electoral roll. Petitioner in W.P. (C) No. 8197/ 2022 (Mr.

Rajiv Khosla) is seeking implementation and strict compliance of the

judgment dated 31st May, 2016 and order dated 18^th October, 2016, both in

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/003640

W.P.(C) 8197/2022 & connected matters Page 3 of 19

W.P.(C) 8106/2010 titled P. K. Dash, Advocate & Ors. v. Bar Council of

Delhi & Ors., as well as of the extant rules and regulations of DHCBA, in

light of which, he seeks directions to DHCBA to: (i) follow the mode of

payment of subscription for voting rights; (ii) constitute Election

Commission as per the directions in P. K. Dash(supra); and (iii) conduct

elections in a timely manner.

2. Counsels for DHCBA and the Election Commission have handed over

some documents containing the election schedule, resolutions and notices of

DHCBA, and brief submissions – all of which are taken on record.

Considering the common grounds urged, afore-noted documents shall be

treated as part of the record in each of the cases.

FACTS

3. The factual background of the present dispute is as follows:

3.1.

On 06^thAugust 2022, a list titled: ‘Consolidated Provisional

Election, 2022’ was notified by the Election Committee of DHCBA

[hereinafter, “Provisional List”]. List-A annexed thereto contained

tabulated particulars of 9173 members with a ‘yes’/ ‘no’ against their

name in the last column titled ‘Whether provisionally entitled to vote’.

Mr. Ashutosh Kumar Singh was at serial number 7173 and Mr. S.C.

Malhotra was at serial number 4111, with a ‘yes’ against their names.

3.2.

As per resolution of the DHCBA dated 09^th August 2