Delhi High Court Orders Bar Elections on March 21 – Final Decision After Multiple Delays

The Delhi High Court ruled that all Bar Association elections in the national capital will be held on March 21, 2025, after repeated postponements. The final voter list from February 14, 2025, will be used, and all discrepancies in proximity cards must be resolved immediately.

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Delhi High Court Orders Bar Elections on March 21 – Final Decision After Multiple Delays

NEW DELHI: The Delhi High Court decided that elections for all Bar associations in the national capital will take place on March 21, 2025.

A Bench consisting of Justice Yashwant Varma, Justice Rekha Palli, and Justice C Hari Shankar made this decision because the previously set timelines for holding the elections were not followed.

“We also take cognizance of the fact that the DHCBA is yet to constitute its Election Commission. We further bear in consideration the Executive Committee’s of respective Bar Associations being required to undertake the requisite exercise of sourcing an adequate number of Electronic Voting Machines for the smooth conduct of the elections and there thus being a necessity to extend the date fixed for elections as part of our final thrust to ensure that the elections are conducted in a conducive environment,”

-the Court stated.

The elections had already been postponed multiple times. Initially, the elections were scheduled for December 13, 2024, but were later shifted to February 7, 2025. Then, the date was changed again to February 28, 2025. However, on Friday, the Court once again rescheduled the elections.

The Court was informed that the final list of eligible voters for the Delhi High Court Bar Association (DHCBA) was published on February 14, 2025. Considering this, the Bench noted,

“In terms of the applicable Rules we would have to necessarily factor in a 21-day period for further processes being completed.”

Senior Advocate and DHCBA President Mohit Mathur also pointed out that there were differences between the final voter list and the proximity cards issued.

Delhi High Court Orders Bar Elections on March 21 – Final Decision After Multiple Delays

The Court directed that immediate steps be taken to correct this issue.

“We in this regard only clarify that the list of 14 February 2025 would constitute the final and determinative list which would regulate the right of participation and on the basis of which proximity cards may be issued. In case, an individual’s name appears in that list but the proximity card application has come to be rejected for any reason, the concerned agency will ensure that remedial action is taken forthwith.”

Due to multiple requests to delay the elections, the Court decided to hold them after the Holi vacation.

“We have on due consideration come to the conclusion that rather than being faced with the spectre of yet another prayer for extension, it would be expedient to designate a date bearing in mind the preparatory steps that are yet to be completed, the impending Holi holidays as well as the imperative need of ensuring that court functioning is not disrupted,”

-the Court stated.

The Court also gave specific directions:

  • DHCBA must form the Election Commission by February 22, 2025.
  • The Commission must submit the full election schedule to the Court by February 24, 2025.
  • The final voter list published on February 14, 2025, will be considered the definitive list, and proximity cards must be issued accordingly.
  • Since the required steps cannot be completed by February 28, 2025, the elections for all Bar Associations will now take place on March 21, 2025.

In March 2024, the Delhi High Court had already directed that elections for all Bar Associations in the national capital should be held on the same day.

CASE TITLE:
Lalit Sharma & Ors vs Union of India & Ors

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author

Vaibhav Ojha

ADVOCATE | LLM | BBA.LLB | SENIOR LEGAL EDITOR @ LAW CHAKRA

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