The Delhi High Court dismissed a writ petition challenging the validity of the 2025 New Delhi Bar Association elections, observing that it was not maintainable, and held that election disputes must pursued through a civil suit or election petition.
NEW DELHI : The Delhi High Court dismissed a writ petition that challenged the validity of the New Delhi Bar Association (NDBA) elections conducted in 2025 at the Patiala House Court.
Justice Mini Pushkarna ruled that the writ petition was not maintainable, clarifying that disputes related to the NDBA election should be raised either through a civil suit or an election petition.
The Court found that NDBA elections do not relate to any public functions of the judiciary and the candidates involved, including the Returning Officer, are private individuals. This also contributed to the conclusion that a writ petition was not the correct legal recourse.
The Court stated,
“A pure election dispute challenging the result of an election, on the basis of disputed questions of facts, is purely a private dispute, which ought to be raised by way of an Election Petition, if the rules provide for the same, or, alternatively by filing a civil suit. The present petition, being in the nature of an election dispute, whereby, the petitioners are seeking to agitate a purely private cause/interest, i.e., to assert a right to be elected as an office bearer of the NDBA, is not maintainable. Thus, consistent with the established position of law, challenges to the conduct of an election are appropriately addressed in an Election Petition or a civil suit, and not through a writ petition.”
On March 19, 2024, a full bench of the Court in W.P.(C) 10363/2021 (Lalit Sharma & Others v. Union of India & Others) ruled that elections for all Bar Associations must be held on the same day, and only members possessing identity or proximity cards would be allowed to vote, ensuring fairness and transparency.
Following this decision, the NDBA Election Committee issued Minutes dated February 10, 2025 (released on February 12, 2025), confirming that 2,253 members with issued proximity cards were eligible to participate in the 2025 NDBA elections.
The NDBA elections took place on March 21, 2025, with results announced the following day. According to the ‘NDBA Election 2025 Guidelines for Voters,’ only individuals holding proximity cards were permitted to vote or enter the polling area.
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However, several candidates who participated in the elections approached the High Court seeking to annul the election results, claiming irregularities occurred during the voting process.
They alleged that individuals without proximity cards unlawfully entered the polling area and cast votes for their preferred candidates, resulting in a discrepancy between the total votes cast and the number of proximity cards scanned.
Despite these claims, the Court remarked that there was minimal evidence to substantiate the allegations that the NDBA election results were compromised by such unfair practices.
It stated,
“There is nothing before this Court to suggest that any unauthorized persons, without valid proximity cards, cast their votes in the NDBA Election, or that there was any bogus voting.”
The Court accepted the Returning Officer’s (RO) assertions that only voters possessing valid proximity cards participated in the election, with verification conducted at several stages, including physical checks at the voting area. It also supported the RO’s statement that there was no extension of polling hours.
Additionally, the Court observed that no complaints were made regarding any malfunctions of the machines utilized for scanning proximity cards.
Accordingly, the Court found no substance in the writ petition. Nevertheless, the petitioners have been granted the liberty to challenge aspects of the NDBA election process by instituting a civil suit, if they wish to do so. Any such suit, if filed, shall be adjudicated independently on its merits, without being affected by the observations made in this judgment.
Court also directed that the material placed on record by the Returning Officer shall be securely preserved under the custody of the Court Registrar and will be made available to the competent authority at the appropriate stage whenever required.
Case Title: Vipin Kumar Sharma Vs The Returning Officer NDBA Elections, 2025
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