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Hold elections for all Delhi bar associations on 1 day for 2-year period: HC

The Delhi High Court also said that no member of any bar association/body would contest or hold simultaneous posts in two different bar associations/bodies.

Delhi bar associations HCThe bench said that it will additionally avoid a “multiplicity of litigations” arising before and after the elections are conducted in the various bar bodies and will also “save judicial time”. (File Photo)

A full bench of the Delhi High Court on Tuesday directed that elections to the executive committees of all bar associations in the national capital be held simultaneously i.e. on the same day, and that the tenure of all such committees shall be for a uniform period of two years.

A full bench of acting Chief Justice Manmohan, Justice Rajiv Shakdher and Justice Suresh Kumar Kait further observed that a “fixed” two-year term will enable the bar associations to work “effectively for the welfare” of its members and will give “sufficient time” to implement various welfare schemes. The bench said that it will additionally avoid a “multiplicity of litigations” arising before and after the elections are conducted in the various bar bodies and will also “save judicial time”.

The bench, however, clarified that the electoral rolls and elections to the executive committees shall be prepared and held in accordance with their own rules, regulations and bye-laws. It also said that no member of any bar association/body such as the Bar Council of Delhi or Bar Council of India would contest or hold simultaneous posts in two different bar associations/bodies.

The bench said that as the terms of all the bar associations in the city are going to expire in September 2024, “it would be appropriate to hold the elections of all such Bar Associations on one day i.e. 19th October, 2024”.

Among the various directions passed, the bench further ruled that it is “neither practical nor feasible” to hold elections to some of the Bar Associations, whose terms have already expired, in April/May this year,  as there are “general elections in the country and there will be unavailability of EVMs and security forces”.

“To ensure purity in elections and to curb use of money power, this Court prohibits hosting of election parties, printing of posters and erection of hoardings,” the bench also said.

The bench, however, said that the elections shall be held only after the issuance of “ID/Proximity Cards and RFID [radio-frequency identification]” for all lawyers is completed to ensure that the elections are conducted in a “fair and transparent manner”.

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The bench noted the consensus among all the District Court Bar Associations, Delhi High Court Bar Association and all Bar Associations annexed with the Tribunals that the elections should “henceforth be held simultaneously on the same day” and with a uniform term of two years.

The directions came in a batch of pleas considering whether elections to the executive committees of different Bar Associations in Delhi should be held simultaneously and whether their tenure should be for a uniform period. It was also considering whether in the process of ensuring purity, the court should prohibit the hosting of election parties, printing of posters and erection of hoardings.

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