Delhi High Court - Orders
Vikas Tripathi vs Central Delhi Court Bar Association And ... on 20 February, 2025
Author: Vibhu Bakhru
Bench: Vibhu Bakhru
$~29
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 2072/2025 & CM APPL. 9726/2025
VIKAS TRIPATHI .....Petitioner
Through: Ms. Tamali Wad, Sr. Advocate with
Mr. Murari Tiwari, Mr Rahul Kumar,
Ms. Mandavi Pandy, Mr. Chandan,
Mr. Anil Kumar Dwivedi, Mr. Anil
Shukla, Mr Sanjeet Kumar Mishra,
Mr. Amit Mishra, Ms. A. Singh, Ms.
Ekta Upadhyay, Mr. Girraj Singh
Yadav, Mr. Tribhuvan, Mr. Vaibhav
Dwivedi, Mr. V. Pandey, Mr. A.K.
Mishra, Mr. Nitin Garg, Mr. Jai
Narang, Mr. A.K. Singh, Mr. M.L.
Pandey, Mr. S.K. Gupta, Mr.
Pushpendu Shukla, Mr. Ravinder
Chaudhary, Mr. Vineet Tripathi, Mr.
Karuna Nidhi, Mr. Ankit Kumar
Mishra, Mr. Sanjay Kumar Mishra,
Mr. Dhanjay Kumar Mishra, Mr
Pushpender Shukla, Mr Vaibhav Jain,
Mr Siddarth, Mr Karuna Nidhi, Mr
Sumit Kumar Jha, Advocates with
petitioner in person.
versus
CENTRAL DELHI COURT BAR ASSOCIATION AND ORS.
.....Respondents
Through: Mr. T. Singhdev, Ms Yamini Singh,
Mr. Tanishq Srivastava, Ms. Anum
Hussain, Mr Abhijit Chakravarty, Mr
Sourabh Kumar, Advocates for Bar
Council of Delhi.
Mr. Jatan Singh, Sr. Advocate/ R4 in
person.
Mr. Rajeev Saxena, Sr. Advocate/ R5
This is a digitally signed order.
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The Order is downloaded from the DHC Server on 25/02/2025 at 21:47:52
in person.
Mr. Rohit Priya Ranjan, Advocate
R7/ in person.
CORAM:
HON'BLE MR. JUSTICE VIBHU BAKHRU
HON'BLE MR. JUSTICE TEJAS KARIA
ORDER
% 20.02.2025
1. The petitioner has filed the present petition, inter alia, impugning a notice dated 14.02.2025 issued by the ad-hoc committee in as much as it prescribes the eligibility criteria for the elections to various posts of the Central Delhi Court Bar Association (CDCBA) including the post of the Vice President. According to the petitioner, the eligibility criteria as specified is contrary to the Rules and Regulations of the CDCBA.
2. One of the contentions advanced on behalf of the respondents to counter the said submission is that the ad-hoc committee derives its power to prescribe the eligibility conditions by necessary implication of the orders passed by the Full Bench of this court in the case of Lalit Sharma & Others v. Union of India & Others: W.P.(C) No.10363/2021 decided on 19.03.2024. Mr. Jatan Singh, Senior Advocate submits that the ad hoc committee was constituted by virtue of the order passed by this court in W.P.(C) No.3713/2019. The ad-hoc committee was directed to ensure compliance of all the directions issued by the court in case of Lalit Sharma & Others v. Union of India & Others (supra) with regard to the conduct of the elections and the eligibility criteria for the said elections. Since the Rules and Regulations of the CDCBA do not prescribe for any eligibility criteria, the ad hoc committee has proceeded to fix the eligibility criteria as This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 25/02/2025 at 21:47:52 it deemed fit.
3. According to Mr Jatan Singh, who is a member of the ad hoc committee, the committee's power to fix the eligibility criteria is implicit, given the function to be performed by the committee in terms of the orders passed by this court in W.P.(C) 3713/2019.
4. The contentions advanced on behalf of the respondents are stoutly disputed by the petitioner. It is the case of the petitioner that the ad-hoc committee has exceeded its limit by fixing the eligibility criteria which is not stipulated in the Rules and Regulation of the CDCBA. Ms. Wad, Senior Counsel contends that the order dated 08.04.2024 passed by this court in W.P.(C) 3713/2019 expressly required the ad hoc committee to comply with the Bye laws of the concerned Bar Association as well as the directions issued in the case of Lalit Sharma & Others v. Union of India & Others (supra). She also points out that in Lalit Sharma & Others v. Union of India & Others (supra), the court had expressly directed that except for specific directions issued in that case, the Bar Associations would hold elections in accordance with their respective Bye-laws.
5. It is also suggested during the course of hearing that certain clarifications and other issues arising from the decision in the case of Lalit Sharma & Others v. Union of India & Others (supra) are now listed before the Full Bench for tomorrow, on 21.02.2025, and the present petition be also listed before the Full Bench.
6. We note that the Bar Council of Delhi (BCD) has not been made a party to this petition. However, we had requested Mr Singhdev, who appears on behalf of the BCD, to assist this court.
7. We consider it apposite to implead the BCD as a respondent in the This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 25/02/2025 at 21:47:53 present petition. It is so directed. Let an amended memo of parties be filed during the course of day.
8. Mr Singhdev, also accepts notice on behalf of the BCD. He states that he will obtain the necessary instructions from the BCD for assistance of the court tomorrow in order to obviate any further delays.
9. In view of above, subject to the orders of Hon'ble the Chief Justice, list along with Lalit Sharma & Others v. Union of India & Others (supra) before the Full Bench on 21.02.2025.
VIBHU BAKHRU, J TEJAS KARIA, J FEBRUARY 20, 2025 M Click here to check corrigendum, if any This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 25/02/2025 at 21:47:54