Lalit Sharma and Ors. v. Union of India & Ors.

1. This hearing has been done through hybrid mode. CM APPL. 26579/2025 (for directions) in W.P.(C) 10363/2021

2. In the present writ petition, directions have been issued from time to time, in respect of conduct of elections to the Delhi High Court Bar Association as also the various Bar Associations in the District Courts. Vide order dated 21st February, 2025 finally, elections were fixed for being conducted in all Courts simultaneously on 21st March, 2025.

3. The elections to all the Bar Associations were concluded on 21st March, 2025 except in respect of the Saket Bar Association and the Shahdara Bar Association, which were called off due to various reasons. Accordingly, certain applications were filed in respect of these two Bar Associations which were considered by this Court on 7th April, 2025 and the said applications were disposed of in terms of necessary directions being issued for the conduct of elections on 9th May, 2025.

4. This is an application filed by the ld. Chairperson of the Shahdara Bar Association Election Committee, Justice Talwant Singh (Retd.) who was appointed by this Court vide order dated 7th April, 2025 for conducting the elections of the Shahdara Bar Association to be held in the Karkardooma Courts on 9th May, 2025.

5. In the present application, certain apprehensions have been expressed by the ld. Chairperson, Justice Talwant Singh (Retd.), regarding the lack of requisite security at the Karkardooma Court Complex for the smooth conduct of elections scheduled for 9th May, 2025, as also regarding the expenses for the EVMs, etc. The averments as set out in the application are as under: “1.The undersigned has been appointed as the Chairperson of the Election Committee for conducting elections of the Shahdara Bar Association vide order dated 07.04.2025. In pursuance to the said order, the undersigned had visited the Court complex and has interacted with all the stakeholders.

2. The undersigned has met the candidates for the post of President and Honorary Secretary, the elected members of the Bar Council of Delhi from Karkardooma Bar, the area police officials, Mr. Manmohan Sharma, Learned Principal Judge, Family Court, Miss Shail Jain, and Learned Principal District and Sessions Judge and the lawyers practicing at Karkardooma Court complex, who are the voters in the upcoming Bar Elections.

3. Keeping in view the acrimonious atmosphere prevailing in the bar, especially among the candidates who are contesting the elections, in my view, it will be quite difficult to conduct an election by physical voting. Although the police officials have assured that they will depute the requisite police force, however, past experience has shown us that the said police officials cannot control the mob, if the same is consisting of the lawyers, candidates and their supporters.

4. It is to be noted here that 09.05.2025 is a Court working day, and it is not possible to segregate the Advocates from the general public, and in the last election, few candidates had brought in muscleman and other outsiders, who were wearing white shirts and black pants similar to the lawyers. This time also, if we go for physical voting, it will not be possible to stop the entry of anti-social elements by any means. This will lead to disturbance in conducting fair and independent elections, and once the election process is derailed even for few minutes, it cannot be brought back to normal by any means.”

6. There are various reasons given leading to the application including possibility of disturbances being caused by unwanted elements during the elections. Ld. Chairperson, Justice Talwant Singh (Retd.) has, therefore, prayed that the election to the Shahdara Bar Association scheduled to be conducted on 9th May, 2025, be permitted to be conducted through online mode using the registered mobile numbers of the eligible voters, as also through the offline mode.

7. Considering the orders that have already been passed by this Court dated 7th April, 2025 and 25th April, 2025, and considering the above averments which have been made on behalf of the Applicant, at this stage, the following directions are issued: i. Notice regarding the filing of this application shall be issued to the following candidates who are contesting the elections for the various posts in the Shahdara Bar Association elections. Let court notice and intimation of this application be issued upon the following candidates contesting for the post of President, Vice-President and Secretary, by the Registry today itself through SMS and WhatsApp on the mobile numbers of the candidates: Contestants for the post of President Contestants for the post of Vice President (Male) Contestants for the post of Vice President (Female) Contestants for the post of Hony. Secretary The above-mentioned candidates who are contesting for the election shall be sent a copy of this order so that they can either be represented before this Court on the next date of hearing or remain present for making submissions. ii. Notice be issued to the Election Commission of India as well, from whom EVMs are being sourced for the election to the Shahdara Bar Association. In addition, notice be issued to Mr. Siddhant Kumar, ld. Counsel (Mob: 9873047772) for the Election Commission of India. Ld. counsel shall obtain instructions upon the expenses of the EVMs. iii. Mr. Sanjay Lao, ld. Standing Counsel (Crl.) shall enquire and obtain instructions from the DCP of the concerned area in respect of providing adequate security for fair and peaceful conduct of the election to the Shahdara Bar Association. Such security would be required to be provided from 8th May, 2025 onwards until the results of the election are declared. A status report to this effect shall be filed by Mr. Lao, ld. Standing Counsel (Crl.) and the concerned DCP shall remain present in Court on the next date i.e., 5th May, 2025 at 2:30 p.m.

8. List on 5th May, 2025 at 2:30 p.m. PRATHIBA M. SINGH JUDGE NAVIN CHAWLA JUDGE C. HARI SHANKAR JUDGE MAY 03, 2025 dj/ss