SCBA Elections, Rule 17A Grants Full and Absolute Control Over Elections to The Election Committee, Executive Committee’s Interference Is Illegal: Lawyers Moves Delhi High Court
(Judicial Quest News Network)
A petition has been moved before Delhi High Court in the wake of brazen attempts being made by the Executive Committee of the Supreme Court Bar Association to interfere with the Election process for the year of 2020-20221 and undermine the sanctity of the Election Committee duly nominated under the rule and Regulations of the Supreme Court Bar Association.
The Petition has been filed by Advocate Abhinav Ramkrishna, a member of the Supreme Court Bar Association (SCBA).
It I submitted that the conduct of Executive Committee, SCBA is in violation of Rule 17A of the SCBA Rules on “Election Committee “being the sole authority to take decision pertaining to the conduct of elections of office bearers.
It is also submitted that the Committee Under the Chairmanship of Senior Advocate Jaideep Gupta had taken a conscious decision to conduct the elections in virtual mode on January 29 using a platform like NSDL.
The petitioner further submits that the Election Committee in its letter dated 15.01.2021 has clearly noted the Executive Committee has refused to carry out the directions of the Election Committee.
In view of the Rule 17A of the Rules, the sole authority to take decision pertaining to the conduct of elections in the Election Committee nominated under the Rule.
In the present case, the Executive Committee vide its minutes of meeting dated 04.12.2020 unanimously resolved to conduct elections for the term 2020-21 through online mode (“by an appropriate mode e.g., the NSDL”) in the 2nd week of January, 2021 and thereby nominated an Election Committee comprising of highly respected Senior Advocates of this Court namely, Mr. Jaideep Gupta, Sr. Advocate (Chairperson), Mr. Harin P. Raval, Sr. Advocate (Member) and Mr. Nakul Dewan, Sr. Advocate (Member).
The Election Committee after carefully considering the entire situation prevailing in the present times, had taken a conscious decision to conduct the elections in virtual mode and in furtherance thereof had also prepared the schedule for the election, setting the date of polling as 29.01.2021.
However, after commencement of the election process, the Executive Committee of the Respondent Association in complete disregard of the Rules as well as the principles of free and fair elections, by blatantly overriding the decision of the Election Committee passed a Resolution stating that the election shall be carried out in a hybrid mode (instead of virtual mode as decided earlier) and should be conducted by third week of February 2021 (as opposed to 29th January 2021 decided by the Election Committee).
The manner in which the Executive Committee of the Respondent Association has sought to usurp the powers of the Election Committee and has forced the Election Committee to resign clearly smacks the malafide and is illegal.
The plea delineates how the Election Committee was nominated in the second week of January,2021 vide the inutes of meeting dated 04-12-2020 of the Executive Committee wherein it had been unanimously resolved that elections for the term of 2020-2021 would be conducted through online mode. A discussion was alos entered into with NSDL to conduct elections on a virtual platform.
It is further most respectfully submitted that as per the scheme of the Rules the only power conferred to the Executive Committee with regard to the elections is to nominate the Election Committee and follow the directions of such duly constituted Election Committee.
The refusal by the Executive Committee to sanction the expenses payable to NSDL for the conduct of elections and passing of a Resolution that the election shall be held in hybrid mode is therefore in teeth of the Rule 17A.
More so in view of the fact that the Election Committee had considered the possibility of conducting election in a hybrid mode and after careful consideration and for valid reasons had rejected the same.
The plea further submits that the actions/inactions of the Executive Committee have adversely affected and grossly undermine the democratic process and that refusing to carry out direction of the Election Committee and inaction of nominating a new Election Committee is against public interest after the erstwhile Committee resigned.
In light of the above the plea prays for the resolution of the Respondent Association dated 14.01.2021 to be quashed and for directions to constitute an Election Committee at the earliest.
Further, the seeks for the directions to ensure that the SCBA refrains from taking any other decision pertaining to the conduct of the elections.
Last week Senior Advocate Dushyant Dave had resigned from the post of President of SCBA last week.
