Delhi High Court - Orders
Delhi High Court Bar Association & Anr vs University Of Delhi & Anr on 15 September, 2022
Author: Sanjeev Narula
Bench: Sanjeev Narula
$~209 & 210
* 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.
versus
UNIVERSITY OF DELHI & ANR. ..... Respondents
Through: Mr. Mohinder JS Rupal and Mr.
Akash Pathak, Advocates for R-1.
Mr. Ravi Kant Chadha, Senior
Advocate (Chief Election
Commissioner) with Mr. Akshay
Makhija and Mr. R.K. Watel, Senior
Advocates.
+ W.P.(C) 13241/2022
SUKRIT GUPTA ..... Petitioner
Through: Mr. Anil Sapra, Senior Advocate
with Mr. Naman Issrani, Mr. Hariom
Gupta, Mr. Kartikey Yadav and Mr.
Deepak Singh, Advocates with
Petitioner in person.
versus
DELHI HIGH COURT BAR ASSOCIATION & ORS.
..... Respondents
Signature Not Verified
W.P.(C) 13240/2022 & W.P.(C) 13241/2022 Page 1 of 5
Digitally Signed
By:SAPNA SETHI
Signing Date:15.09.2022
20:32:45
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 for R-1.
Mr. Ravi Kant Chadha, Senior
Advocate (Chief Election
Commissioner) with Mr. Akshay
Makhija and Mr. R.K. Watel, Senior
Advocates for R-2.
Mr. Mohinder JS Rupal and Mr.
Akash Pathak, Advocates for R-3.
CORAM:
HON'BLE MR. JUSTICE SANJEEV NARULA
ORDER
% 15.09.2022 CM APPL. 40120/2022 (u/S 151 of the Code of Civil Procedure, 1908 (CCP) seeking stay and interim orders) in W.P.(C) 13240/2022 & CM APPL. 40123/2022 (u/S 151 of CCP seeking stay and interim orders) in W.P.(C) 13241/2022
1. Pursuant to order dated 13th September, 2022, Dr. Vikas Gupta, Registrar, University of Delhi, is present before this Court along with the relevant record qua computation of demand. At the outset, Dr. Gupta has expressed his grievance and pointed out that officers/ employees of DU, who were present at the time of polling in 2019, were humiliated. He further submits that demand raised against the Delhi High Court Bar Association ["DHCBA"] is on account of preservation of Electronic Voting Machines ["EVMs"], pursuant to order of the Patiala House District Court relating to DHCBA.1 Mr. Mohinder J.S. Rupal, counsel for University of Delhi 1 In CS No. 446/2019 titled Rajiv Khosla v. DHCBA & Ors.
Signature Not Verified W.P.(C) 13240/2022 & W.P.(C) 13241/2022 Page 2 of 5 Digitally Signed By:SAPNA SETHI Signing Date:15.09.2022 20:32:45[hereinafter, "DU"], further submits that keeping in mind the past history, DU is not inclined to continue extending this courtesy to DHCBA. Mr. Rupal further explains the apprehension that disputes qua DHCBA elections have resulted in EVMs being held up after elections, and DU would be requiring the EVMs since the Delhi University Student Union ["DUSU"] elections are scheduled to take place shortly thereafter.
2. At the same time, Mr. Ravi Kant Chadha, Senior Advocate/ Chief Election Commissioner for DHCBA Election Commission [hereinafter, "Election Commission"] points out that other sources, who were contacted for securing EVMs, have indicated that the machines can be made available only from the first/ second week of October, 2022, and in such situation, DHCBA elections would have to be re-scheduled. In these circumstances, Mr. Chadha suggests that it would be ideal if DU is directed to provide the machines.
3. The Court has heard counsel for the parties. The Court is prima facie of the opinion that since DU is not in the "business of renting EVMs", there is no apparent "loss" sustained by DU, which forms the basis of the impugned demand. The imposition is seemingly penal in nature, and not compensatory. Further, upon perusal of record, it is noticed that apart from this communication, there is no other material placed on record to sustain this claim. Moreover, the preservation order was passed by a court of competent jurisdiction, not at the instance of DHCBA, but at the behest of one of its members viz. Mr. Rajiv Khosla - who had raised an election dispute. In respect of such an order, prima facie DHCBA cannot be foisted Signature Not Verified W.P.(C) 13240/2022 & W.P.(C) 13241/2022 Page 3 of 5 Digitally Signed By:SAPNA SETHI Signing Date:15.09.2022 20:32:45 with a claim of damages.
4. On the suggestion that elections may alternatively be conducted via ballot paper, counsel for the Election Commission have strongly stressed that polling should be conducted through EVMs only. Indeed, this is the modern trend for conduct of election in a transparent manner. Considering the large number of voters, polling through EVMs would be a preferable mode of voting. In any event, the Court does not find any reason to interfere with the decision of the Election Commission on this ground.
5. Keeping that spirit in mind, the Court finds considerable ground to make an exception in this case, by directing DU to provide EVMs for forthcoming elections, subject to following:
(i) Officers/ employees of DU deputed for operating EVMs at the time of polling would be extended full courtesy by DHCBA. Election Commission shall ensure that none of officers/ employees of DU face any untoward incidents or circumstances, and shall share their contact numbers with such officers/ employees so that they can reach out to them in case they face any difficulties.
(ii) By tomorrow, DU shall raise a performa invoice/ demand on the requisition being received for DHCBA, keeping in mind the period of usage of EVMs for the forthcoming elections, which shall then be settled in advance by DHCBA before the EVMs are delivered.
(iii) The issue qua past demand, raised pursuant to letter dated 8th September, 2022, shall be considered on the next date of hearing.
(iv) In order to ensure that EVMs provided by DU are returned after Signature Not Verified W.P.(C) 13240/2022 & W.P.(C) 13241/2022 Page 4 of 5 Digitally Signed By:SAPNA SETHI Signing Date:15.09.2022 20:32:45 elections, Election Commission is directed that data of such EVMs shall be saved, preserved, and secured, and EVMs would be returned to DU immediately after declaration of results.
6. At this stage, keeping the overall circumstances in mind, DHCBA is directed to make an ad-hoc payment of Rs. 5,00,000/- to DU towards the impugned demand. Needless to say, the above directions are without prejudice to rights and contentions of both parties, and subject to further directions by this Court.
7. With the above directions, the present applications are disposed of.
8. The Court records appreciation for Dr. Vikas Gupta for his pragmatic approach to resolve the impasse.
W.P.(C) 13240/2022 & W.P.(C) 13241/2022
9. Re-notify on 13th October, 2022.
SANJEEV NARULA, J SEPTEMBER 15, 2022 d.negi Signature Not Verified W.P.(C) 13240/2022 & W.P.(C) 13241/2022 Page 5 of 5 Digitally Signed By:SAPNA SETHI Signing Date:15.09.2022 20:32:45