In a significant development, the Supreme Court was informed today that the results of the recently conducted elections for the Supreme Court Bar Association (SCBA) will undergo a recount following certain complaints.

Senior Advocate Vijay Hansaria, a member of the Election Committee appointed by the Court, addressed a bench comprising Justice Surya Kant and Justice Dipankar Datta. Hansaria stated, “On complaints of Mr Adish C. Aggarwala, Mr Pradeep Rai...who contested for President...we found that yes, the allegation made...that the total no. of votes declared for the post of President were 2651 which exceeded the no. of ballots issued that is 2588...we are proposing to recount today at 11:30...”

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The bench responded by instructing that the recount for the SCBA President votes should begin immediately. A report on the recount must be submitted to the Court without announcing the results. Additionally, the votes for the Executive Committee members are also to be recounted, as directed by the bench.

Hansaria added, “We have received [complaints] only with respect to President and Executive Member. For recounting, we have requested Registrar General to act as Observer.”

The bench, agreeing with the suggestion, stated:
“Then, please go for recount with respect to these. Don’t declare the results after recount. We’d like to see if it’s fair after recounting.”

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During the proceedings, the bench also expressed dissatisfaction with Dr Adish Aggarwala, who was participating virtually and had reportedly written a letter suggesting criminal prosecution against the Election Committee members. Justice Kant commented that such actions to intimidate the Committee members would not be tolerated, emphasizing that they act as the “extended arms” of the Court.

Hansaria further informed the Court that the recounting process for the Executive Member votes would take 2-3 days, and noted that some members of the Executive Committee were unavailable for a few weeks. In response, the bench directed that the recounting of the SCBA President post should commence without delay, and if necessary, the Court could substitute some members of the Executive Committee to expedite the process.

Case Title: Supreme Court Bar Association v. BD Kaushik, Diary No. 13992/2023