LALIT SHARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) The issues that arise for consideration in the present batch of petitions are of vital public importance namely as to whether elections to the Executive Committees of different Bar Associations in Delhi should be held simultaneously and whether the terms/tenures of such Executive Committees should be for a uniform period. Further whether Identity/Proximity Cards ('ID/Proximity Cards') and Radio Frequency Identification Tag/Stickers ('RFID') should be mandatorily issued to all lawyers and if so by whom? Also to ensure purity in elections, should this Court prohibit hosting of election parties, printing of posters and erection of hoardings?

(2.) The learned Predecessor Division Bench vide order dtd. 24/8/2023 in the present batch of matters had constituted a Committee comprising three sitting Judges of this Court as well as the Chairman, Bar Council of Delhi, President of Delhi High Court Bar Association and the then Chairman, Coordination Committee of all District Courts Bar Associations of Delhi to explore the possibility of holding uniform elections in respect of all Bar Associations on one day and of preparation of ID/Proximity Cards for lawyers, RFID in respect of vehicles of lawyers and to submit a report in respect thereto.

(3.) During the meeting, it was represented before the Committee by some Advocates that rule of 'One Bar One Vote' laid down in P.K. Dash Advocate vs. Bar Council of Delhi 2016 SCC OnLine Del 3493, is not being scrupulously implemented. The said Committee held several rounds of meetings and deliberations with members of the Executive Committees of various Bar Associations as also other members of the Bar Associations and Bar Council of Delhi. The Committee by majority concluded that one of the major factors for the rule of 'One Bar One Vote' not being scrupulously implemented was the disparity in the length of the term of the Executive Committee and the elections being held on different dates by different Bar Associations.