Supreme Court Directs Delhi HC & District Bar Assns To Not Defer Elections Beyond Mar 21; Asks NGT Bar Assn To Conclude Elections By Mar 31

The Supreme Court today ordered that the Delhi High Court and District Bar Association elections, which are scheduled to be held on March 21, shall be held on the scheduled date and not be deferred any further.

The Court further directed that the National Green Tribunal (NGT) Bar Association shall hold and conclude its elections by 31 March, 2025.

A bench of Justices Surya Kant and N Kotiswar Singh passed the order while dealing with the DK Sharma case, stating,

“The Registrar (General) of the National Green Tribunal is directed to hold elections of the Bar Association for which, if need be, an Election Committee and a Returning Officer, from amongst the senior members who are not contesting the elections, may be constituted. The elections shall be completed in all circumstances by 31 March 2025. A compliance affidavit be filed.

“[…] inform that elections in the Delhi High Court Bar and the District Bar Associations are now scheduled to be held on 21 March 2025. Let the elections be held now on the fixed date without any further deferment.”

Senior Advocate Atmaram Nadkarni appeared for applicants in the NGT Bar case and contended that elections of the Bar Association had not been held since 6 years. He prayed for a direction to the Association to hold the elections at the earliest, saying, “Registrar (General) was supposed to conduct the elections, even a Returning Officer was appointed. But nothing further has happened”. As the NGT Bar Association remained unrepresented, on a specific query, the senior counsel further informed that the Association was served by the applicants on 1 March itself.

Responding to the submissions, Justice Kant remarked in jest, “They are more concerned about the environment not being polluted”. Ultimately, the bench ordered that the Association’s elections shall be concluded by March 31.

In the context of Delhi High Court and District Bar Associations, the Court was informed that the elections are scheduled for March 21. Considering, it ordered that the elections shall be held on the scheduled date without any further deferment.

In the main matter, one of the counsels pointed to the challenge raised to “One Member, One Post” principle, urging that as a result of the petitioners’ efforts, the Delhi Bar elections are going to be held on one day. However, another issue remains, ie with regard to the “One Member, One Post” principle, which the Delhi High Court has somewhat agreed to, insofar as it held that no member of any Bar Association or body (such as the Bar Council of Delhi or Bar Council of India) would contest simultaneously for posts in two different Bar Associations or bodies.

Praying that the issue be carved out, the counsel submitted, “The issue is, there are number of candidates…with due respect to their standing at the Bar and the Bar Council for 20 yrs…they have been contesting in the Bar elections as well as Bar Councils…not to mention, even the highest Bar Councils, where, the Presidents…he has also been there for the last 10 yrs…our challenge is to the principle…”.

Assuring him, Justice Kant said, “Issue is very pertinent, what you have raised…it’s an important issue, we would like to examine it and we would like to lay down some guidelines. But this time, it may be too early…now that elections programme has been notified. Let the elections be held. Post the election, you may strengthen your argument with some outcome of the election…”.

“We would like to resolve this irrespective of resistance shown by any authority. This we can assure, we will resolve this”, the judge added.

Case Title: D.K. SHARMA AND ORS. Versus BAR COUNCIL OF DELHI AND ORS, C.A. No. 10496-10497/2024

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