In a significant ruling, the Delhi High Court has mandated that elections for all bar associations in the national capital must be conducted simultaneously and on the same day. This decision, arising from the case of Lalit Sharma & Ors v Union of India and Ors, was delivered by a full bench comprising Acting Chief Justice Manmohan and Justices Rajiv Shakdher and Suresh Kumar Kait.
The court decreed that each bar association will have a uniform tenure of two years, with elections slated for October 19 this year. These directives were issued with the consent of all the bar associations involved.
To combat the influence of money in bar elections and ensure fair polling, the court imposed strict measures prohibiting the hosting of election parties, printing of posters, and erection of hoardings.
Moreover, the court emphasized the importance of transparency by stipulating that elections would proceed only after distributing ID cards and proximity cards to lawyers. Electoral rolls will be prepared in accordance with the rules and by-laws of each bar association, and candidates will be barred from contesting for two posts simultaneously.
In a significant move aimed at streamlining the electoral process, the court decided that all bar association elections expiring in September 2024 should be held on October 19, 2024. This unified approach was deemed necessary to prevent conflicts with general elections in April/May 2024, during which electronic voting machines and security personnel may be unavailable.
The court also outlined a mechanism to ensure compliance, stating that if any bar association fails to initiate the election process by the specified date, a committee comprising past presidents, secretaries, and a nominated lawyer would oversee the proceedings. However, this committee would solely focus on election management and not supersede the executive committee of the bar association.
This landmark ruling comes after a thorough examination by a committee chaired by Justice Sanjeev Sachdeva, tasked with exploring the feasibility of simultaneous bar association elections in Delhi. With the court’s decisive directives, the legal fraternity in the national capital is set to witness a more transparent and coordinated electoral process.
