Elections of Executive Committees in all courts of Delhi, Tribunals and DHCBA should be held simultaneously: Delhi HC
Mar 19, 2024
New Delhi [India], March 19 : The Delhi High Court's Full Bench on Tuesday, with the consent of all the District Court Bar Associations, the Delhi High Court Bar Association (DHCBA) and all Bar Associations with the Tribunals in Delhi, directed that elections to their Executive Committees shall be held simultaneously.
The HC further directed that, on the same day the term and tenure of all such executive committees shall be for a uniform period of two years.
The HC clarified that the electoral rolls and elections to the Executive Committees of all the bar associations shall be prepared and held in accordance with their own rules, regulations and bye-laws.
The exercise of holding a uniform election on one day for all the bar associations shall be held only after the exercise of issuance of ID/Proximity Cards and RFID for all lawyers is completed, so as to ensure that the elections are conducted in a fair and transparent manner, the HC said.
As the terms of all the Bar Associations in Delhi are going to expire in the month of September 2024, it would be appropriate to hold the elections of all such Bar Associations on one day i.e. 19th October, 2024. It is neither practical nor feasible to hold elections to some of the bar associations, whose terms have already expired, in the month of April / May, 2024, as there are General elections in the country and there will be unavailability of EVMs and security forces, said the full bench.
To ensure purity in elections and to curb the use of money power, this Court prohibits hosting of election parties, printing of posters and erection of hoardings, added the bench.
In the event, the existing Bar Association do not commence the election process by the date stipulated hereinabove, the said function shall be deemed to have been entrusted to a committee comprising two past presidents and two secretaries, as well as by a lawyer nominated by the concerned District Judge or Registrar of the Tribunal or Registrar General of this Court, as the case may be.
This committee will only make decisions to ensure that elections are conducted on time and in a fair and transparent manner. This committee shall not exercise any other administrative function and will not be deemed to have superseded the Executive Committee of the Bar Association, said the court.
No member of any Bar Association or body, such as the Bar Council of Delhi or Bar Council of India would contest or hold simultaneously posts in two different bar associations or bodies, said the court while passing the order.
