In a significant development, the Delhi High Court on May 22 refused to entertain an application seeking the implementation of biometric verification for advocates participating in the upcoming elections to the Bar Council of Delhi (BCD).
The application was moved by Deepanshu Mudgal in a pending writ petition concerning the conduct of elections to the Delhi High Court Bar Association and various Bar Associations across District Courts in the national capital.
A full bench of the High Court, comprising Justice Prathiba M. Singh, Justice Navin Chawla, and Justice C. Hari Shankar, dismissed the application after observing that the supervision of elections to the Bar Council of Delhi did not fall within the scope of the present petition.
"The election to BCD is not subject matter of this petition. The application is disposed of with the direction that the applicant will be free to avail the remedies available to him in accordance with law," the Court stated.
During the hearing, the applicant had argued that since the BCD elections were expected within the next six months, the biometric verification process must be introduced to ensure transparency and authenticity.
However, the Court clarified that the existing petition was specifically related to the elections of Bar Associations in Delhi, not the Bar Council of Delhi. The Bench further emphasized that the terms of reference for constituting the larger Bench were restricted to addressing the concerns around the conduct of elections to bar associations within the national capital.
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"The scope of the writ petition and the terms and reference of constituting the larger bench was with respect to the elections of bar associations in the national capital," the Bench remarked.
The Court also took note of the status of bar association elections across Delhi, stating that all elections had concluded on March 21, with the exception of the Saket and Shahdara Bar Associations. These elections were earlier called off due to various administrative and procedural issues.
Currently, only the Shahdara Bar Association election remains pending and is scheduled to be held on May 24.
In conclusion, the High Court disposed of the application, giving liberty to the applicant to pursue alternative legal remedies.
This development arose in the ongoing matter titled Lalit Sharma and Ors v. Union of India & Ors, in which the Court has been issuing directions concerning the holding of fair and timely elections to bar associations in Delhi.
"Disposing of the plea, the Bench directed the applicant to avail his remedies in law, including filing of a separate petition," the Court noted.
The judgment reaffirms the limited jurisdiction of the High Court in the ongoing writ petition and underscores the necessity for a separate legal route when issues fall outside the petition's ambit.
Title: LALIT SHARMA AND ORS v. UNION OF INDIA & ORS
