The purpose of this additional recount, the Court said, was to “eliminate any lingering doubts” and assure all members of a fair process.
NEW DELHI: The Supreme Court on Tuesday directed a fresh recount of votes for the post of Junior Executive Members in the recently held Supreme Court Bar Association (SCBA) elections.
This directive came even after one full round of vote recounting had already been conducted for all posts a day earlier, following allegations of bogus voting and irregularities.
A Bench comprising Justices Surya Kant and KV Viswanathan noted that the election committee had done a “satisfactory job” in recounting the votes but ordered another recount exclusively for the Junior Executive Member category, which includes nine positions.
The purpose of this additional recount, the Court said, was to “eliminate any lingering doubts” and assure all members of a fair process.
“We have impressed upon the election committee to hold a recount to satisfy some of the aggrieved members. Since some of the members are not there during partial working days.. Secretary General is directed to assist the above mentioned recounting. The recounting of the votes of junior executive member shall be done in the presence of candidates or nominees and none shall be allowed to interrupt and if any report is sent to us strong action will be taken,” the Court ordered.
Meanwhile, after the first round of recounting, Senior Advocate Vikas Singh was once again declared the winner of the SCBA President post, further increasing his margin of victory. This development put an end to doubts surrounding his election.
However, the Court took strong exception to the conduct of Senior Advocate Dr. Adish C Aggarwala, who had lost the presidential race to Vikas Singh and subsequently accused the election committee of bias. The Bench came down heavily on Aggarwala, terming his accusations “frivolous and scandalous.”
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“We advise Bar members to not indulge in such propaganda … which affects the integrity of the institution,” the Court noted in its original order.
After facing censure from the judges, Aggarwala chose to withdraw his allegations. The Court acknowledged this and refrained from passing any order on his plea.
“We do not pass any orders in Mr Aggarwala’s plea since he has unconditionally withdrawn his allegations,” the modified order recorded.
Justice Surya Kant urged Aggarwala to express his dissent respectfully and avoid sweeping allegations. The Court reiterated that its only objective was to ensure that the election process remains fair and credible.
Another senior advocate, Pradeep Rai, who also contested for the president’s post, voiced concerns about the recount. However, the Court expressed confidence in the election committee’s work.
“Should we not trust them (the election committee members) now? We need a robust system as it is an annual feature to ensure transparency.. It’s a commendable job by the election committee … They worked as our extended hands,” Justice Kant said during the hearing.
Election committee member and Senior Advocate Mahalakshmi Pavani informed the Court that only 14 complaints were received regarding the Executive Member elections. Yet, to address even these minor concerns, the Court insisted on one more round of recounting for the Junior Executive Member category.
Another committee member, Senior Advocate Vijay Hansaria, expressed how mentally exhausting it had been for the team to repeatedly carry out the vote-counting process. Justice Viswanathan empathised with the election committee’s efforts.
“Mr Aggarwala, you have been a voter. You know how the election committee conducts this, in the summer. If you start browbeating them like this or threaten them … we will not tolerate. They are our officers and we will ensure that nothing happens to them,” Justice Viswanathan sternly warned.
The SCBA elections took place on May 20. Senior Advocate Vikas Singh was elected as President, defeating both Adish C Aggarwala and Pradeep Kumar Rai. Senior Advocate Rahul Kaushik became Vice-President, while Advocate Pragya Baghel was elected Secretary.
Concerns over vote-count discrepancies and irregularities led to the matter being brought before the Supreme Court. A vacation bench of Justices Surya Kant and Dipankar Datta initially heard the issue on May 26 after candidates alleged that the number of votes counted exceeded the number of ballot slips issued.
The election committee had then proposed a recount, which the Court allowed. It had clarified that no final results would be declared until the Court examined the recount report.
“Let no candidate should have any doubt. Let there be recounting for all elections wherever this is a complaint,” the Court had observed.
After the recount, Vikas Singh was again confirmed as the President of SCBA, settling the presidential contest. The Court’s latest order for a final recount of Junior Executive Member votes seeks to put an end to all lingering doubts and controversies surrounding the 2024 SCBA elections.
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