SC Declines to Hear Plea on Delhi Bar Association Voter Eligibility, Directs Petitioners to High Court

The Supreme Court, on September 25, refused to hear a plea challenging the new voter eligibility rules for the Delhi Bar Association elections, set by the Delhi High Court. The bench, consisting of Justices BR Gavai, KV Vishwanathan, and PK Mishra, dismissed the petition but gave the petitioner permission to approach the Delhi High Court for any changes to the order. The petition, filed by advocate Anurag Rawal through lawyer Rajat Sehgal, opposed two new conditions for voting in the upcoming bar association elections. These conditions were introduced by the High Court based on the recommendations of a committee: Voters must hold an Identity Card or Proximity Card to cast their vote. Advocates must have made at least 12 court appearances in the previous year (up to July 31 of the election year). Law firm advocates must also show proof of six months of remuneration, certified by an equity partner. The petition argued that these rules were unfair because they were applied retroactively, meaning voters didn’t know a year ago that these criteria would be enforced. It claimed that these conditions unfairly limited voting rights for some members, violating their fundamental rights under Article 19(1)(c) of the Constitution, which protects the right to form associations. Additionally, the petition pointed out that Proximity Cards are simply used to control access to court premises and don’t prevent advocates from having cards for multiple bar associations, which undermines the 'One Bar One Vote' principle. It also argued that the requirement of 12 court appearances is unfair, as it excludes advocates who do legal work like drafting and filing but don’t appear in court often. The petition further claimed that asking law firm advocates to disclose their pay for six months violates their privacy. It also criticized the High Court for going beyond the original petitions, which only focused on holding simultaneous elections and issuing ID cards, not changing voter eligibility rules. The petition argued that the new criteria were imposed without properly consulting all stakeholders, especially the bar associations. Case no. – Diary No. 42875-2024 Case– Anurag Rawal v. Lalit Sharma and Ors. www.legalmeet.in