Delhi High Court - Orders
Delhi High Court Bar Association & Anr vs University Of Delhi & Anr on 11 September, 2022
Author: Sanjeev Narula
Bench: Sanjeev Narula
$~1 & 2
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 13240/2022
DELHI HIGH COURT BAR ASSOCIATION & ANR ..... Petitioners
Through: Mr. Mohit Mathur, Senior Advocate
with Mr. Jatan Singh, Mr. Amit
Saxena, Ms. Kanika Singh, Ms. Rupali
Kapoor, Mr. Naginder Benipal, Mr.
Dhan Mohan and Mr. Harshit Jain,
Advocates.
Mr. Abhijat, Advocate (in-Person).
versus
UNIVERSITY OF DELHI & ANR. ..... Respondents
Through: Mr. Mohinder J.S Rupal, Mr. Aakash
Pathak and Mr. Hardik Rupal,
Advocates for R-1.
Mr. Kripa Shankar Prasad, Additional
Standing Counsel for R-1.
Mr. Ravi Kant Chadha (Chief Election
Commissioner), Mr. Akshay Makhija
and Mr. R.K. Watel, Senior
Advocates.
Mr. N. Harihan, Senior Advocate with
(his assisting counsel).
+ W.P.(C) 13241/2022
SUKRIT GUPTA ..... Petitioner
Through: Mr. Anil Sapra, Senior Advocate with
Mr. Naman Issrani, Mr. Hariom
Gupta, Advocates with Mr. Sukrit
Gupta (Petitioner in- person).
versus
DELHI HIGH COURT BAR ASSOCIATION AND ORS.
..... Respondents
Through: Mr. Mohit Mathur, Senior Advocate
Signature Not Verified
Digitally Signed
By:AKANSHA SINGH W.P.(C) 13240/2022 & W.P.(C) 13241/2022 Page 1 of 7
Signing Date:11.09.2022
23:08:28
with Mr. Jatan Singh, Mr. Amit
Saxena, Ms. Kanika Singh, Ms. Rupali
Kapoor, Mr. Naginder Benipal, Mr.
Dhan Mohan and Mr. Harshit Jain,
Advocates for R-1.
Mr. Ravi Kant Chadha (Chief Election
Commissioner), Mr. Akshay Makhija
and Mr. R.K. Watel, Senior
Advocates.
Mr. Mohinder J.S Rupal, Mr. Aakash
Pathak and Mr. Hardik Rupal,
Advocates for University of Delhi.
Mr. N. Harihan, Senior Advocate with
(his assisting counsel).
CORAM:
HON'BLE MR. JUSTICE SANJEEV NARULA
ORDER
% 11.09.2022 CM APPL. 40121/2022 in W.P.(C) 13240/2022 and CM APPL. 40122/2022 in W.P.(C) 13241/2022 (seeking exemption from filing certified, original, true typed copies of dim documents)
1. Exemption is granted, subject to all just exceptions.
2. The Petitioners shall file legible and clearer copies of exempted documents, compliant with practice rules, before the next date of hearing.
3. Accordingly, the applications stand disposed of.
CM APPL. 40120/2022 (for stay) & W.P.(C) 13240/2022, CM APPL. 40123/2022 (for ad-interim ex-parte directions) & W.P.(C) 13241/2022
4. The above-captioned matters have been listed for hearing pursuant to urgent mentioning.
Signature Not Verified Digitally Signed By:AKANSHA SINGH W.P.(C) 13240/2022 & W.P.(C) 13241/2022 Page 2 of 7 Signing Date:11.09.2022 23:08:285. Issue notice. Mr. Mohinder J.S Rupal, counsel for University of Delhi [hereinafter, "the University"], Mr. Jatan Singh, counsel for Delhi High Court Bar Association ["DHCBA"] accept notice. Mr. Ravi Kant Chadha, Senior Advocate/ Chief Election Commissioner along with Mr. Akshay Makhija represent the DHCBA Election Commission [hereinafter, "Election Commission"]. Counter affidavit(s), if any, be positively filed on or before the next date of hearing.
6. Petitioners are aggrieved with the decision taken by Election Commission in its fifth meeting held on 10th September, 2022 to defer forthcoming elections of DHCBA, which are to be conducted as per following schedule:
"30.08.2022 Publication of Voters List 12.09.2022 Filing of Nomination Papers between 11.00 to AM. to 05.00 P.M. in the Office of DHCBA. 14.09.2022 15.09.2022 Scrutiny of Nomination Papers at 05.00 P.M. in the Office of DHCBA, 16.09.2022 Withdrawal of Nomination Papers till 5.00 P.M. to 17.09.2022 28.09.2022 Polling of Votes between 10.00 A.M. to 05.00 P.M."
7. The Election Commission took the decision to defer elections in light of communication dated 8th September, 2022 received from the University in response to a request for providing Electronic Voting Machines ["EVMs"]. While the University is willing to provide the machines, they have asked DHCBA to first clear outstanding dues amounting to Rs. 1,10,29,948/-. The University claims that it has suffered loss on account of 'keep on hold' Signature Not Verified Digitally Signed By:AKANSHA SINGH W.P.(C) 13240/2022 & W.P.(C) 13241/2022 Page 3 of 7 Signing Date:11.09.2022 23:08:28 instructions in respect of 220 EVMs for a period of 100 days commencing from 1st June, 2019 till 8th September, 2019, in terms of the order dated 31st May, 2019 passed by Patiala House District Court in CS No. 446/2019 titled Rajiv Khosla v. DHCBA & Others [hereinafter, "District Court order"].
8. Mr. Mohit Mathur, Senior counsel for Petitioner in W.P.(C) 13240/2022 and Mr. Anil Sapra, Senior counsel for Petitioner in W.P.(C) 13241/2022, argue that the demand is completely arbitrary and unsustainable in law. Mr. Mathur points out that the EVMs were returned to the University on 20th May, 2019, immediately after conclusion of elections but impugned demand pertains to a later period i.e, from 1st June, 2019 to 8th September, 2019. He emphasises that preservation of the EVMs was done on account of directions of the District Court, which proceedings were not initiated at the instance of DHCBA. Even otherwise, the EVMs remained in the custody of the University itself. Thus, the demand is without any basis, and certainly, cannot be foisted on DHCBA.
9. Mr. Sapra additionally argues that the University did not raise any such demand prior to communication dated 8th September, 2022, despite being arrayed as a party in the proceedings before the District Court. Moreover, the demand is time barred. Without prejudice to the above, he argues that computation is without any cogent basis and demand is excessive as the University has calculated the amount @ Rs. 500/- per day, for each EVM, for 100 days. Therefore, the University should be directed to provide the EVMs, which are necessary for conduction of DHCBA elections.
Signature Not Verified Digitally Signed By:AKANSHA SINGH W.P.(C) 13240/2022 & W.P.(C) 13241/2022 Page 4 of 7 Signing Date:11.09.2022 23:08:2810. Further, Mr. N. Hariharan, Senior Advocate, who is also participating in the elections, as well as Mr. Sapra suggest that if, for any reason, EVMs are not available, Election Commission should consider conducting elections through other modes, such as paper ballots, but not defer the elections.
11. Mr. Ravi Kant Chadha, Senior Advocate/Chief Election Commissioner apprised the Court that it was necessary to defer the elections on account of prevailing circumstances. Considering the time-sensitive election schedule, all efforts are being made to procure suitable machines from other sources and other options shall also be considered, if need arises. The Election Commission has already approached the Election Commission of India ["ECI"] and a formal request to that effect shall be sent tomorrow i.e., 12th September, 2022. If ECI agrees, then EVMs would have to be calibrated to meet the requirements of the DHCBA elections. Attempts are also being made to arrive at a suitable arrangement with the University. The Election Commission is cognizant of the current situation and is taking all possible efforts to ensure that the election schedule is not disturbed.
12. Mr. Mohinder JS Rupal, on the other hand, states that the University has been providing EVMs along with staff for conduct of DHCBA elections only out of courtesy. However, since the EVMs had to be preserved in accordance with the District Court order in relation to an election dispute of DHCBA, the University was greatly inconvenienced in as much as it could not conduct its own student-union elections timely, and therefore, they are justified in making the said demand.
Signature Not Verified Digitally Signed By:AKANSHA SINGH W.P.(C) 13240/2022 & W.P.(C) 13241/2022 Page 5 of 7 Signing Date:11.09.2022 23:08:2813. In light of views expressed by the counsel during the course of hearing, matter was passed over to enable the Election Commission to deliberate on the issue amongst its members. On second call, Mr. Chadha informs that the Election Commission has decided to suspend its decision of 10 th September, 2022 for a period of one week and explore alternative options. The decision conveyed, and also screen-shared during the hearing, reads as under:
"In view of the sentiments expressed by the members of the bar, we are keeping our decision dated 10.9.2022, in suspension for a period of one week. In the meantime we will explore all alternative options to get EVMs, in coordination with the DHCBA, to have the elections conducted as per schedule.
However, the date for filing nomination shall be 13th September instead of 12th, as at present the nomination forms have not been printed.
We would also like to make it clear that if no alternate source of EVMs is available inspite of our best efforts within one week, then our decision dated 10.9.2022 stands till we can arrange the EVMs, as this commission is of the view that it would not be possible to conduct elections by paper ballots at this stage."
14. In light of the above decision, immediate concern of the DHCBA and other stakeholders is substantially redressed as the Election Commission has tentatively decided to adhere to its original schedule, with a slight change in date of filing nominations. In view of the above development, no urgent directions are necessary. In the meantime, the Election Commission shall take forward its discussions with ECI and the University for procurement of EVMs. The Election Commission shall also issue necessary clarifications qua period for filing nominations and other incidental issues arising from afore- noted decision.
Signature Not Verified Digitally Signed By:AKANSHA SINGH W.P.(C) 13240/2022 & W.P.(C) 13241/2022 Page 6 of 7 Signing Date:11.09.2022 23:08:2815. In view of the foregoing, hearing on interim reliefs is adjourned to 13th September, 2022. In view of the sentiments expressed by Senior members of the Bar during the hearing, Mr. Rupal has assured that he would personally do his best to bring about an amicable resolution. Considering the fact that the source of funds of DHCBA is substantially the contributions made by its members, the Court expects that the University's approach would be equitable, practical and reasonable. Mr. Rupal is requested to intimate this order to the Vice-Chancellor, University of Delhi.
16. Re-notify on 13th September, 2022.
SANJEEV NARULA, J SEPTEMBER 11, 2022 as Signature Not Verified Digitally Signed By:AKANSHA SINGH W.P.(C) 13240/2022 & W.P.(C) 13241/2022 Page 7 of 7 Signing Date:11.09.2022 23:08:28