Move High Court: Supreme Court on plea to relax criteria to vote in Delhi bar polls

The Supreme Court on Wednesday refused to entertain a petition seeking the relaxation of certain eligibility criteria to vote in the upcoming elections to various bar associations in Delhi.

A Bench of Justices BR Gavai, Prashant Kumar Mishra and KV Viswanathan asked the petitioners to first approach the Delhi High Court in the matter.

The eligibility criteria in question included the need to furnish proximity cards and show that one is a bonafide practicing advocate such as by furnishing proof of at least twelve court appearances in a year.

These criteria were mentioned in a March 19 Delhi High Court judgment on the conduct of bar elections in the national capital.

By this judgment, a full Bench of the High Court also ruled that elections for all bar associations in Delhi should be held simultaneously and on the same day.

The Court further listed various categories of bonafide advocates deemed eligible to vote, including all senior advocates, former judicial officers, partners or associates of registered law firms (who were to furnish proof of having been given professional remuneration in the last six months) and advocates having a standing for over 25 years.

Three conditions mentioned in this ruling were challenged before the Supreme Court by Advocate Anurag Rawal, a partner of Atharva Law Chambers.

The conditions so challenged were the requirement of a proximity card, the need to show a minimum of twelve court appearances, and the requirement for advocates of law firms to submit slips showing their payment of professional remuneration for the last six months.

However, the top court opined that the High Court should first be approached in the matter and refused to entertain the appeal.

Notably, the March 19 High Court judgment in which these criteria were issued also included directions to curb the role of money in bar elections.

To ensure the purity of the poll process, no election parties should be hosted and no hoardings should be put up, the High Court had added.

On a related note, the Supreme Court recently stayed one of the directives part of the March 19 Delhi High Court ruling which stated that no candidate will be allowed to contest for two posts simultaneously in bar elections in Delhi.