Full Text
Date of Decision;- 22.02.2018
AMISH AGGARWALA Petitioner
Through Dr.Adish C.Aggarwala, Sr.Adv with ; , Mr.ArnishAggarwala, Mr.Virinder Vashist, Advs.
^ -..versiis .
BARCOyKCILDf Respondent
•^ -j^ijypugh Mr.T.Singh Dev with
' V ' : 'CoI.:R.Balasubramaniani, Mr.Amandeep Kaur, Advs.
W.P-(G)^faiy2018 &C.M.NOS.4656/2018&5616/2018.
SANJ^tifeAV Petitioner
• V'i. ?.y;
Through Mr.Rajiv Khosla, Adv. with Mr.Rajesh Kumar with Mr.Sanjiv Yadav, Advs.
"•v....
BAR COUNCIL OF DELHI AND ANR Respondent
Through Ms.Priyam Mehta, Adv for BCI with Mr.Nalin Raj, Asst. Sec.
Mr.T.Singh Dev with Mr.R.Balasubranianiam, Mr.Amandeep Kaur, Advs for R-1.
Mr.Sushil Kumar Pandey for applicant in C.M.No.5616/2018.
W.P.(C)Nos.l038/2018,1111/2018 &1357/2018 Page 1 of5
2018:DHC:9199 W.P.fQ 1357/2018 & CM.Nos.5612/2018ifc 5613/2018
RAJESH CHUGH Petitioner
Through Mr.Pavan Narang with Mr.Gaurav Puri, Advs.
Through Mr.T.Singh Dev with ^ Mr.Amandeep Kaur, Advs
- ,.:fbr;R-L
March, 2018. Since the facts in all the writ petitions are similar, for the sake.of convenience, onl;^ the facts ofWP (C) No.1038/2018, are taken up for consideration^ -
JUDGMENT
2. The petitioner, an Advocate, being desirous of contesting the elections to the post of Member, Bar Council of Delhi had approached this Court by way of the present writ petition under Article 226 of the Constitution of India with the following prayers:-
W.P.(C}NOS.1038I101^, 1111/2018 &1357/2018 Page 2of[5].r c. Tis Hazari Court Complex d. Patiala House Court Complex e. Karkardooma Court Complex f. Rohini Court Complex g. Dwarka Court Complex h. Saket Court Complex i. National Consumer Disputes Redressal Commission Complex j. Debt Recovery Tribunal Complex k. Income Tax Office V Central Administrative Tribunal Complex
1. Increasec in;the. number of days ofpolling and direction that pdlling^hoW place at all venues simultaneously.
2. Extend^^ to a Sunday.
3. iDistrict JMges to oversee the elections in each of their respectiye Dptrict Courts.
4. Use ofMecHnology to prevent duplicity of voting by CCTV.•'Su^eilldhcejfand interconnected computer systems at all 'pqlMf^^diidnsj:''
3. T|p(%i|i6^ were heard at length on 12.02.2018 and ' -. J'' ' • -V.' - 13.02.2018. On 13.02.2018, all the parties had agreed that the matter be re-exarriined by the Special Committee appointed by the Bar Council of Delhi after hearing 15 Advocates, whose names were mentioned in the saidorder. Pursuant to the directions passed by this Court, a meeting of the Special Committee of the Bar Council of Delhi was held on 15.02.2018 and 17.02.2018 in which 9 out of 15 Advocates named in the last order, had also participated in the deliberations with the Committee.
4. The minutes of the meeting held on 15.02.2018 and 17.02.2018 have been placed on record by the learned counsel for the respondent. W.P.(C)Nos.l038/2018,1111/2018 &1357/2018 Page 3 of[5] a The said minutes show that a detailed interaction had taken place between the members of the Special Committee, Bar Council of Delhi and the 9 learned Advocates whose names have been recorded therein.
5. The Committee, after deliberations, came to a conclusion that subject to the petitioners before this Court securing/obtaining approval from the Hon'ble Supreme Court for holding elections at Tis Hazari Courts premises, oil 23^ and 24.03.2018 expeditiously and at an earliest poissible ^date, tlie Committee would endeavour to provide additional;;pollihg.,faqilities at Tis Hazari Courts premises between 9:30 am to 5:30 pm ofi 23-and 24^^ ofMarch 2018. 'i'v r"' jj 'A' 1f 'M: i.vr
6. Leamed/courisgl for the petitioners say in unison that though they are notiiiilly.;|a^^^ by;:.the minutes ofthe meeting, but they would still, in ordS^/to delay, approach the Hon'ble Supreme Court by relying on"tlig'Mihtites ofthe meeting of the Committee held by the Bar. Council of Delhi.. pn 15.02.2018 and 17.02.2018 and seek appropnat^; directidhsJf^ the Hon'ble Supreme Court.
7. It is made clear that in case any of the parties approach the Hon'ble Supreme Court, they would not be bound by the minutes of this meeting and will be free to make any other prayer, as deemed fit. It is however expected that as and when an application is moved by the petitioners, the Bar Council of Delhi will not oppose the prayer for holding elections on 23.03.2018 and 24.03.2018 additionally at Tis W.P.(C)Nos.l038/2018,1111/2018 &1357/2018 "r o Hazari Courts premises in accordance with the minutes of the meeting dated 15.02.2018 and 17.02.2018.
8. The Court appreciates the conduct of the Bar Council of Delhi in trying to assist the Court to arrive at an amicable resolution of the issue whichconcerns the entire legal fraternity.
9. The writ petition is accordingly disposed of with the aforesaid directions. ^ / - Dastv under the signatures ofthe court master. •V \ o 'v=;.. I. ^ I •. -' a-,--Si iS. FEBRUARY^fe20ife:#fe-'; iV I iJ J W.P.(C)Nos.l038/lQlZ, 1111/2018 &1357/2018 Page 5 of[5]