Delhi HC rules on One Bar, One Vote; Prez Khosla to file an SLP

The litigation over the Delhi High Court Bar Association elections is likely to reach the Supreme Court. Once again. Three days ago, the Delhi High Court’s Ravindra Bhat and Siddharth Mridul, JJ. passed an order clarifying the applicability of the One Bar, One Vote principle with respect to this year’s elections. And current DHCBA President, Rajiv Khosla, is likely to challenge this in the apex court..The October 18 order came after an application was moved by PK Dash and DHCBA secretary Abhijat seeking a clarification with regard to paragraph 52 of the High Court’s judgement in PK Dash v Bar Council of India. In this judgment, the High Court had held, inter alia, that the principle of one bar one vote would be applicable in all of Delhi’s bar association elections..The clarification was sought on the ground that the May 2016 judgment was based on the presumption that the tenures of bar association office bearers was the same throughout the city. Hence, the May 2016 judgment mandated a declaration stating that the lawyers had not voted in nor stood for elections to any other bar association “in the past one year”..It was this particular term that, argued the applicants, had proved to be problematic since very often the tenures lasted for more than one year. Furthermore, the applicants had also sought a mechanism for the preservation and maintenance of declarations so as to ensure that the purpose of the PK Dash judgement would be met..The petitioners were represented by Amar Nath Sain, with DHCBA Secretary Abhijat appearing in person as the applicant. .Opposing this move was a host of bar associations who argued that not only had an appeal already been filed against the PK Dash judgement, but that the court had “intruded into the autonomy” of the associations. .In the end, the High Court decided to make the following modifications to the May judgement. .May 2016 JudgmentOctober 2016Every member submitting the declaration shall state that he/she has not voted in any other election of the Bar Associations in the past one year.Every member submitting the declaration shall state that he/she has not voted in the immediately preceding election to any other Bar Association.Format of the declaration – “…I have not voted in any other Bar Association of which I am also a member in the last one year…”Format of the declaration – “I have not voted in any other Bar Association of which I am also a member in the immediately preceding election…”No Election Committee constitutedConstitution of a 3-member Election Committee before the end of tenure of the office bearers comprising of two advocates with not less than 20 years standing and a judicial officer not below the rank of an ADJ with at least 5 years standing nominated by the concerned district judge.Now when it comes to the DHCBA elections, these directions were further modified given the fact that the elections are to be held on November 18 this year. .In a separate order, the High Court has directed that the already constituted 7-member Election Committee would remain unchanged for the 2016 elections. Furthermore, in future DHCBA elections, the reference to the “ADJ” and “District Judge” would be substituted by the the Registrar General and a serving Registrar with 5 years standing. As for the voter records and declarations, the same would be handed over by the Committee to the Registrar General for digitalisation. .The order has not found favour with DHCBA President, Rajiv Khosla. Soon after the judgment was passed, Khosla circulated an SMS stating that the rulings were “untenable in law” and would be challenged in the apex court..An agitated Khosla told Bar & Bench that almost 5,400 declarations in the previous format had already been collected, and that the Delhi High Court’s orders have now “changed everything”. He also said that the rulings were a way to “control the Bar”. .“They have given power to the District Judge to appoint an Additional District Judge and two members of the Bar, and they will compile a voters list and that voters list will be put up on the website. Then all the District Judges will have a discussion about the voters lists.How can they do it? Who are they?”.However, the order merely states that it is the Bar Association that shall constitute the Election Committee, and that two of the three members shall be lawyers with at least 20 years of standing. .Khosla also said that he would be writing to Chief Justice Rohini, making “certain allegations” against the judiciary. To this DHCBA Secretary Abhijat said that “levelling unsubstantiated allegations” has been Khosla’s “modus operandi” for the last two decades and more. .“Such unsubstantiated and motivated complaints against judges who perform their constitutional duties, deserve to be consigned to the dustbin.”.Whether Khosla approaches the apex court or even Chief Justice Rohini is anyone’s guess; what is assured is of some more drama in the elections to be held on November 18..Read the order below.