Full Text
HIGH COURT OF DELHI
Date of Decision: 25th April, 2025
LALIT SHARMA AND ORS. .....Petitioners
Through: None.
Through: Mr. Ruchir Mishra, Mr. Mukesh Kumar Tiwari and Ms. Reba Jena
Mishra Advocates, Advs. for UOI.
Mr. T. Singhdev, Ms. Yamini Singh, & Mr. TanishqSrivastava, Mr. Abhijit Chakravarty, Ms. Anum Hussain, Advs. for BCD.
Dr. Amit George & Mr. Arkaneil Bhaumik, Advs.
Mr. Charanjit Singh & Mr. Rajeev Thampi, Advs. in CM APPL.
24283/2025 Mr. Anshu Dawar,Adv.in CM APPL.
24439/2025 Mr. Vikram Singh Panwar & Ms. ChandrikaGupta, Advs. for DHCBA.
JUSTICE C. HARI SHANKAR Prathiba M. Singh, J. (Oral)
JUDGMENT
1. This hearing has been done through hybrid mode. CM APPL.24285/2025 (for exemption)
2. Allowed, subject to all just exceptions. Application is disposed of. CM APPL. 24439/2025 (for modification of order), CM APPL. 24283/2025 (for direction), CM APPL. 24284/2025 (for issuance of proximity card) in W.P.(C) 10363/2021
3. 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.
4. The elections to all the Bar Associations were concluded on 21st March, 2025except in respect oftheSaket Bar Associationand theShahdara Bar Association, which were called off due to various reasons. Accordingly, certain applicationswerefiled in respect ofthesetwo BarAssociationswhich were considered by this Court on 7th April 2025 and the said applications were disposed on following terms:
already finalized; v) For the purpose of the elections, the details of the arrangements shall be finalized by the concerned Election Committee and shall be published on the notice boardsin both the said Courts along with the schedule of elections; vi) The onlypurposeof appointingtheabovementioned Election Committee is for the peaceful and smooth conduct of elections. No fresh nominations shall be accepted qua any post; vii) The arrangements for the elections in terms of the security that would be required, while bearing in mind the happeningsof the previous elections, shall also be directed by the Election Committee. The Commissioner-Delhi Police and the DCPs of the areas concerned shallalso extend the necessary cooperation to the Chairperson of the Election Committee for smooth conduct of elections by providing them the required force; viii) The Election Committee is free to decide whether the elections shall be conducted by paper ballot or by EVMs. However, EVMsshallbe preferred for the same; ix) Since there are various issues raised in respect of the Proximity Cardswhich are alleged to have been either destroyed, taken or misplaced, insofar as Proximity Cards are concerned, the following directions are issued: a)The agency - M/s SEC CommunicationsPvt. Ltd. shallfurnish a complete list of theProximity Card holders who had been issued Proximity Cards in both these Bar Associations in the next two days to Mr. Ravinder Dutt Sharma, Registrar, Delhi High Court; b)The said list shall be uploaded on the Delhi High Court’s website by 15th April, 2025; c) All such Advocates who were already issued the Proximity Cards and whose names appear in the above stated list, would write an email on the email address mentioned in the circular which is to be uploaded ontheDelhiHigh Court’swebsite, if they require the issuance of fresh Proximity Cards, giving the reasons thereof briefly. The deadlineforwriting such emailand forrequesting the issuance of a fresh Proximity Card is 22nd April, 2025. d)Upon receiving the emails, the same shall be compiled by M/s SEC Communications Pvt. Ltd. and fresh ProximityCardsshallbeprepared to be handed over to the Chairperson of the Election Committee appointed today by the Court; e) The Proximity Cards shall be handed over to the Chairperson of the Election Committee by 2nd May, 2025 and all the Advocates who have applied for the Proximity Cards shall be free to collect the same from the Election Committee.
10. The fee of the Chairpersons of both the Election Committees is fixed at Rs.[2] lakh each. The Chairperson shall fix the remuneration of ROs and other staff members who may be engaged. The fee shall be borne by the concerned Bar Association.” CM APPL. 24439/2025 (for modification of order)
5. This applicationhasbeen filed under Section151, CPC, 1908on behalf of Mr. JusticeTalwantSingh (Retd.), who was appointed as theChairperson of the Election Committee for Shahdara Bar Association by the order dated 7th April, 2025 passed by this Court.
6. Vide this application, theHon’bleChairpersonhas prayed that hemay be permitted to discharge his obligations as the Chairperson of the Election Committeefor the elections fixed for 9th May, 2025, on a pro-bono basis.
7. This Court,while gratefully acknowledgingtheservices of theHon’ble Chairperson, allows the present application. The Chairperson may discharge his obligation on a pro-bono basis.
8. Accordingly, the application is disposed of in said terms. CM APPL. 24283/2025 (for direction)
9. The application has been filed by Mr. Mahesh Sharma, a member of the Shahdara Bar Association and one of the candidates for the post of President in the elections to the Shahdara Bar Association (hereinafter, ‘the elections’).
10. The grievance of the Applicant herein is that for the post of President in theelections to theShahdara Bar Association, oneMr. Jagdeep Sharmahas been permittedto contestelections without having a valid Proximity Card.
11. Thus, the Applicant has approached this Court to seek issuance of appropriate directions on the issue as to whether a candidate can contest elections without having a valid Proximity Card or not.
12. Considering the nature of the application and the fact that in terms of the order dated 7th April, 2025 passed by this Court, the elections are scheduled for 9th May, 2025 and the Hon’ble Chairperson of the Election Committee has already been appointed, the present application is referred to the Hon’bleChairpersonto takea decision uponthesaid issuein accordance with law.
13. Application is disposed of in said terms. CM APPL. 24284/2025(for issuance of proximity card)
14. Thepresent applicationhasbeen filed by fourmembersoftheShahdara Bar Association who are alleged to have not been issued their Proximity Cards.
15. The ground for filing the present application is that the names of the said four personswerereflected in theelectoralrollprepared by theOffice of thePrincipalDistrict andSessionsJudge, EastDistrict,KarkardoomaCourts, for the election that was earlier scheduled on 21st March 2025. However, despite the said fact, they have not been issued Proximity Cards.
16. A perusalofthe application andthedocumentsattachedtheretowould show that the said members, namely, Ms. Mahetaba Asrar, Mr. Kuldeep Kumar Gaur, Mr. Amar Singh and Mr. Yashpal Sharma had initiated the processofsubmission oftheir registrationform on theonlineportalmanaged by M/s SEC Private Limited (hereinafter, ‘the agency’).
17. After partial submission of the registration form, the Applicants were in fact permitted by the agency vide separate emails to edit their respective forms and finally submit the same for issuance of their Proximity Cards.
18. However, the Applicants accessed the said online portal on various dates being 12th September, 2024, 17th September, 2024and 18th September, 2024 and made certain edits to their profiles but never submitted their final registration forms.
19. Dr. Amit George, ld. Counselsubmitsthat, even prior tothepreviously scheduled elections to theShahdaraBar Association which wereto takeplace on 21st March,2025,theApplicantswerenever issued theirProximityCards.
20. The directions passed by this Court in order dated 7th April, 2025 are clear to the effect that only thosepersonswho werealreadyissued Proximity Cards wereentitled to duplicatecards, in case they had misplaced or lost the same. Hence, the request for issuance of fresh Proximity Cards to the applicants who were never issued the Proximity Cards initially, cannot be acceded to at this stage, as the elections are already scheduled for 9th May,
2025.
21. The application is accordingly dismissed. CM APPL. 14007/2025 (for impleadment)
22. The present application has been filed under Order I Rule 10(2) and Section 151 ofCPC, 1908 read with Articles 226and 227 oftheConstitution of India for impleadmentofthe applicantas a party in the present petition.
23. Vide the present application, the impleadment of the Election Commission, Tis Hazari Courts has been sought.
24. The elections to the Tis Hazari Bar Association have already been concluded on 21st March, 2025. Thus, this application has become infructuous.
25. The application is thus dismissed and disposed of in said terms.
26. Petition is already disposed of. No further orders are called for.
PRATHIBA M. SINGH JUDGE NAVIN CHAWLA JUDGE C. HARI SHANKAR JUDGE APRIL 25, 2025 Rahul/ss