High CourtsSingle Bench(2021) 03 DEL CK 0204

Anju Singh vs Saket Bar Association & Anr

Delhi High Court · Decided on 17 March 2021

HON’BLE JUDGES
Najmi Waziri, J
RESULT
Disposed Of
CASE NUMBER
CONT.CAS(C) No. 231 Of 2021, Civil Miscellaneous Application No. 10555 Of 2021

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Judgment

9 paragraphs · 417 words

Najmi Waziri, J

In terms of this Court's order dated 15.01.2020 in W.P. (C) 12429/2019, the list of eligible voters was to include members who had been with the Saket Bar Association for at least 1 year. A fresh list was drawn up, which included the name of the petitioner; the final voters' list was given to the Election Committee on 28.02.2020.

However, the order also contemplated that all similarly placed members of the Bar Association be included in the voters' list. This too was done. The election exercise was to end on 09.04.2020. The elections could not be conducted on account of the pandemic-related lockdown. The tenure of the Election Committee was for a fixed tenure. It would come to an end on 09.04.2020 for declaration of the election result. The Committee itself would have to be reconstituted and/or a fresh notification would have to be issued in that regard. However, a year has passed since then. Newer members would have become eligible to vote in the elections of the Saket Bar Association. They too would have a right to be included in the voters' list. In fairness, such eligible members too should be included in the voters' list so that there is a fair representation in the Bar Association.

On a query put to the learned counsel for the Saket Bar Association/R-1, the Court is informed that this process of inclusion of the new voters will take approximately 10 weeks. However, it is not in dispute that under the aforesaid order dated 15.01.2020, this exercise was completed in 4 weeks. Now that the Saket Bar Association has experience in the matter, the process can be expedited and completed.

In the previous exercise, about 400 members were considered and found eligible. This time approximately 800 members will be considered. It is hoped that the Bar Association would augment the strength of its scrutinising committee to ensure that the exercise of drawing-up the new voters' list is completed, preferably in 4 weeks, and defer elections till a fresh voters' list is prepared.

The learned counsel for the Bar Association submits that this process shall be utilised for collection of dues from members who would otherwise be eligible.

The order has been passed with the consent of the parties and the election will be re-scheduled and held only after a fresh voters' list of 2021 is prepared, as per rules.

No further orders are required.

The petition, along with pending application, is disposed-off in terms of the above.