Selection of late chairman’s son to Delhi Bar Council upheld

The court also upheld the method of co-option exercised by the BCD for filling up the vacancy caused by Sareen’s death,saying BCD rules empowered its members to select someone on its board without going in for

re-election.

Incumbent chairman K K Sareen’s death in July 2010 opened a vacancy in the 24-member BCD that a group of members had proposed should be filled by the late chairman’s son Aman Sareen.

D K Sharma,who was twenty-sixth on the preferential voting list in the BCD election in 2009,challenged the move in the Delhi High Court,seeking to set aside the decision.

The writ petition was initially placed before a single judge bench and an order was passed directing the BCD to frame guidelines on the rules of co-option of a candidate in case of the death or resignation of an existing member.

Following this,the BCD held a couple of meetings to discuss the court order and after due deliberation,rejected the representation of Sharma and opted for the appointment of Aman Sareen.

Challenging this,Sharma had filed the writ,asking the court to declare the concerned BCD rule as violative of his fundamental right of equality and also sought a directive for his appointment as a member.