In a significant development, the Delhi High Court has ordered the formation of special Election Committees led by retired judges to conduct the much-anticipated elections of the Shahdara and Saket Bar Associations. These elections, previously postponed due to serious concerns and irregularities, are now scheduled to be held on May 9, 2025.
The decision came from a full bench comprising Justice Prathiba M. Singh, Justice Navin Chawla, and Justice C. Hari Shankar, in response to multiple petitions highlighting procedural and security lapses in the previously scheduled polls.
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"The elections for the Shahdara Bar Association and the Saket Bar Association shall now be held on the same date i.e., Friday, 9th May, 2025," the Court declared.
To ensure transparency and smooth functioning, the High Court has appointed the following retired judges to lead the Election Committees:
- Justice R.K. Gauba for Saket Bar Association
- Justice Talwant Singh for Shahdara Bar Association
Each Committee will also have two Returning Officers (ROs) and three assisting members, to be nominated by the Chairpersons themselves.
The Election Committees are fully empowered to decide the method of voting, with a preference for Electronic Voting Machines (EVMs). However, paper ballots may also be used if necessary.
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All election arrangements, including the final schedule, will be published on the notice boards of the respective courts. The existing Nominal Rolls and Proximity Card holder lists will remain unchanged.
"The only purpose of appointing the abovementioned Election Committee is for the peaceful and smooth conduct of elections. No fresh nominations shall be accepted," the Court emphasized.
Learning from the disturbances during the previous elections, the Court has directed the Election Committees to collaborate closely with law enforcement authorities:
- Delhi Police Commissioner
- Deputy Commissioners of Police (DCPs) from the concerned areas
These officials are required to provide adequate police force to prevent unauthorized access and ensure order during the election process.
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Significant issues were raised regarding Proximity Cards, including allegations that cards were destroyed, stolen, or sold during the chaotic previous elections. The Court has now laid out a strict protocol to address these concerns:
- M/s SEC Communications Pvt. Ltd., the designated agency, will:
- Submit a complete list of Proximity Card holders to the Registrar of Delhi High Court within two days.
- Upload the list on the Delhi High Court's official website by April 15, 2025.
- Eligible advocates who need new cards must:
- Send an email to the address specified in the upcoming circular.
- Provide brief reasons for requesting a new card.
- Submit requests by April 22, 2025.
- The agency will prepare fresh cards and:
- Hand them over to the Election Committee Chairpersons by May 2, 2025.
- Advocates may collect the cards directly from the respective Election Committees.
"All such Advocates who were already issued the Proximity Cards... shall be free to collect the same from the Election Committee," the Court stated.
The Court has fixed the remuneration for each Chairperson at ₹2 lakh, to be paid by the respective Bar Associations. The Chairpersons will also determine the honorarium for other election staff.
Earlier elections, scheduled for March 21, 2025, were successfully held across all Bar Associations except Saket and Shahdara, where polls were called off due to alleged misconduct and security breaches.
- Unauthorized persons, including law students, impersonated as lawyers.
- Proximity cards were misused or purchased.
- Security failure, with entry gates broken and election process disrupted.
- Improper scanning and verification of Proximity Cards.
- Cards were allegedly confiscated or destroyed.
- Voting premises were forcefully accessed, compromising election integrity.
To investigate these issues, the High Court had sought detailed reports from:
- Ms. Madhu Jain, Principal District & Sessions Judge, South District
- Ms. Shail Jain, Principal District & Sessions Judge, East District
Both reports were submitted and thoroughly reviewed by the bench before passing the final directions.
The Court also addressed elections of other Bar Associations:
- DRT Bar Association: The application seeking fresh elections was dismissed since elections were already held on March 21, 2025. Any grievances should be pursued via appropriate legal remedies.
- Armed Forces Tribunal Bar Association: The Court recorded the successful completion of elections as informed by the Chairperson via a letter dated April 1, 2025.
Title: LALIT SHARMA AND ORS v. UNION OF INDIA & ORS
