NEW DELHI: The Delhi High Court on Tuesday moved the elections for the Delhi High Court Bar Association's (DHCBA) Executive Committee and other district court bar associations in the nation's capital to December 13, citing the pendency of the case in Supreme Court.
The decision comes after a bench comprising Chief Justice Manmohan, Justice Vibhu Bakhru and Justice Yashwant Varma heard an application filed by DHCBA secretary seeking postponement of upcoming bar elections, which were set for October 19.
Recently, the Apex Court has also passed an order on September 26, whereby it mandated that women be given preference for positions in the DHCBA. The General Body of DHCBA was ordered by the Supreme Court to convene as soon as feasible, but no later than ten days from the date of order.
During the hearing in the High Court on Tuesday, the counsel for DHCBA submitted that in an emergent meeting held on September 27, a general body meeting was fixed to be held on October 07 by the DHCBA’s executive committee.
The counsel argued that due to the Supreme Court's order and the call for a general body meeting, the candidates, posts, and election were all in a state of continuous change.
The deadline for submitting declaration forms across all Delhi bar associations was September 30, and many eligible voters were unable to submit their online form for obtaining the ID or proximity card for voting.
Moreover, it was contended that the Court's approval of the highest possible voter turnout and appropriate modification or extension of the election date would be in the best interests of justice.
In response to the submissions made by the counsel, the bench pushed back the election date to December 13, observing that the upcoming October 7 general body meeting and the candidate nomination process will have to be postponed until after the SC hearing, according to the September 26 Supreme Court order.
The nomination process, which usually takes 21 days, could only start after October 16 SC hearing, by when seats reserved for female candidates would be set aside.
The bench postponed all bar elections in Delhi except Rouse Avenue court, which was being dealt by the division bench.