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Rajiv Khosla vs Delhi High Court Bar Association & Ors on 24 May, 2022

Author: Sanjeev Narula

Bench: Sanjeev Narula

                          $~282
                          *       IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +       W.P.(C) 8197/2022
                                  RAJIV KHOSLA                                            ..... Petitioner
                                                     Through:      Mr. Rajiv Khosla, Petitioner-in-
                                                                   person with Mr. Sunil Singh,
                                                                   Advocate.
                                                     versus

                                  DELHI HIGH COURT BAR ASSOCIATION & ORS.
                                                                            ..... Respondents
                                               Through: Mr. Mohit Mathur, Senior Advocate
                                                        with Mr. Jatan Singh, Mr. Mohit
                                                        Gupta, Mr. Amit Saxena, Mr. B.S.
                                                        Dhir, Ms. Kajal Chandra, Mr.
                                                        Naginder Benipal, Ms. Kanika Singh,
                                                        Mr. Nikhil Mehta, Ms. Rupali
                                                        Kapoor, Mr. Harshit Jain and Mr.
                                                        Sumit Misra, Advocates.

                                  CORAM:
                                  HON'BLE MR. JUSTICE SANJEEV NARULA
                                                     ORDER

% 24.05.2022 CM APPL. 24762/2022 (for exemption from filing certified/ translated/ legible and typed copies of documents)

1. Exemption is granted, subject to all just exceptions.

2. The Petitioner shall file legible and clearer copies of exempted documents, compliant with practice rules, before the next date of hearing.

3. Accordingly, the application stands disposed of.

W.P.(C) 8197/2022 Signature Not Verified Digitally Signed W.P.(C) 8197/2022 Page 1 of 4 By:SAPNA SETHI Signing Date:26.05.2022 17:22:20

4. Mr. Rajiv Khosla invokes Article 226 of the Constitution of India for the following reliefs: -

"a) to follow the judgment in P. K Dash case by replacing the present scrutiny committee i.e Respondent no. 2 to 4 with the Election Committee to be constituted in terms of the P.K Dash Judgment for preparation and finalization of the voters list and handing over the declaration forms received by the scrutiny committee to the Election Committee for taking such steps as required, and

b) to direct the respondent no 1 to declare the election schedule to the Executive Committee of respondent no I and,

c) to direct the respondent no. 1 to follow the mode of payment of subscription for voting rights as per the rules of respondent no. 1 and not taking arbitrary decision to take advance subscription fee till March 2023 or any further period in the interest of justice, fairplay, and equity

d) issue any other Writ, order(s), and/or directions which this Hon'ble Court may deem fit and proper in the facts and circumstances of the present case in favour of the Petitioner and against the respondent to meet the ends of justice."

5. Mr. Khosla's grievance is two-fold. Firstly, he submits that the constitution of the committee for scrutinizing the forms submitted by members of Respondent No. 1 viz. Delhi High Court Bar Association [hereinafter "DHCBA"] is contrary to the judgment of this Court in W.P.(C) 8106/2010 dated 31st May, 2010 titled - P.K. Dash, Advocate & Ors. v. Bar Council of Delhi & Ors. Secondly, Mr. Khosla seeks a direction to DHCBA for declaring/ announcing the election schedule.

6. Mr. Khosla has been briefly heard on the above-said two aspects and he has taken the Court through the orders of this Court in P.K. Dash' case to urge that only the Election Committee can undertake the exercise of scrutiny of the declaration forms. Further, he argues that the Election Committee has to function under the aegis of Registrar General of this Court.

7. Mr. Mohit Mathur, President of DHCBA states that apprehension of Mr. Khosla regarding the election is misconceived. Mr. Khosla can be rest assured that elections would be held shortly. The Scrutiny Committee has been constituted to verify the declaration forms. Mr. Mathur highlights that more than 9,000 forms have been received and considering 'One Bar, One Vote' Rule, information from other bar associations is required to be gathered and collated. As soon as the information is compiled and scrutiny is complete, the draft electoral roll will be prepared and thereafter, election schedule will be announced. He also draws the attention of this Court to the Order dated 06th April, 2022 [W.P.(C) 8106/2010] passed in applications filed by Bar Council of Delhi seeking directions for holding elections for all bars including, DHCBA.

8. Insofar as the constitution of the Scrutiny Committee is concerned, Mr. Mathur states that the said committee is presently only performing ministerial function of gathering information and scrutinizing the forms. The said committee constitutes of three members - Mr. Pavan Narang, Mr. Prosenjeet Banarjee and Mr. Pradeep Chhindra (i.e., Respondents No. 2, 3 & 4, respectively). He emphasises that the constitution of the committee is not in conflict with the decision of P.K. Dash (supra). Nevertheless, Mr. Mathur states that he will examine this issue and file a reply.

9. Issue notice. Mr. Sumit Misra, Advocate, accepts notice on behalf of the Respondents. Let counter affidavits be filed within a period of three weeks from today.

10. Re-notify on 11th July, 2022.

SANJEEV NARULA, J MAY 24, 2022 nk Signature Not Verified Digitally Signed W.P.(C) 8197/2022 Page 4 of 4 By:SAPNA SETHI Signing Date:26.05.2022 17:22:20