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Delhi High Court - Orders

Lalit Sharma And Ors vs Union Of India And Ors on 29 November, 2024

Author: Manmohan

Bench: Vibhu Bakhru, Yashwant Varma, Manmohan

                                    $~FB-1.
                                    *    IN THE HIGH COURT OF DELHI AT NEW DELHI

                                    +           W.P.(C) 10363/2021

                                                LALIT SHARMA AND ORS                                                             ..... Petitioners
                                                             Through:

                                                                                      versus

                                                UNION OF INDIA AND ORS                    ..... Respondents
                                                              Through: Mr. Ruchir Mishra, Mr. Mukesh Kr.
                                                                       Tiwari, Advs. for UOI.

                                                                                                               Mr. Mohit Mathur, Sr. Adv. and Mr.
                                                                                                               Kirti Uppal, Sr. Adv. with Mr.
                                                                                                               Sandeep     Sharma,   Mr.    Rajat
                                                                                                               Manchanda, Mr. Siddharth Tripathy,
                                                                                                               Mr. Sumit Misra and Mr. Harsh
                                                                                                               Gautam, Advs. for Delhi High Court
                                                                                                               Bar Association.

                                                                                                               Mr. Anurag Ahluwalia, Adv. for
                                                                                                               Delhi High Court.

                                                                                                              Mr.T.Singhdev,   Advocate   with
                                                                                                              Mr.Tanishq Srivastava, Mr.Abhijit
                                                                                                              Chakravarty, Mr. Bhanu Gulati,
                                                                                                              Advs. for BCD.

                                                                                                              Mr. Piyush Beriwal, Adv.


                                    CORAM:
                                    HON'BLE THE CHIEF JUSTICE
                                    HON'BLE MR. JUSTICE VIBHU BAKHRU
                                    HON'BLE MR. JUSTICE YASHWANT VARMA

                                                                                      ORDER

% 29.11.2024 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 02/12/2024 at 22:26:39 CM APPL. 69943/2024

1. Present application has been filed seeking modification of the direction contained in paragraph 4 of the order dated 20th November, 2024.

2. Learned senior counsel for the applicant states that the Delhi High Court Bar Association shall appoint an Election Commission and not a Returning Officer in accordance with Rule 3(c) of the Election bye-laws which stipulates that the Executive Committee, not later than one week from the receipt of draft list of voters shall appoint an Election Commission.

3. Keeping in view the aforesaid, the direction contained in paragraph 4 of the order dated 20th November, 2024 is modified by directing the Delhi High Court Bar Association to appoint an Election Commission not later than one week from the receipt of the draft list of voters. It is clarified, by way of abundant caution that any direction given in the judgment and order dated 19th March, 2024 shall be deemed to be incorporated in the bye-laws of the Delhi High Court Bar Association.

4. It is further clarified that in the event there be any conflict between the Rules of the Delhi High Court Bar Association and the judgment, the judgment shall prevail.

5. The application stands disposed of.

MANMOHAN, CJ VIBHU BAKHRU, J YASHWANT VARMA, J NOVEMBER 29, 2024 N.Khanna 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 02/12/2024 at 22:26:39