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Delhi High Court - Orders

Lalit Sharma And Ors vs Union Of India And Ors on 20 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 and Ms. Reba Jena Mishra,
                                                                             Advs. for UOI.

                                                                                                                 Mr. Mohit Mathur, Sr. Adv. with Mr.
                                                                                                                 Jatan Singh and Mr. Sandeep Sharma,
                                                                                                                 Advs. for Delhi High Court Bar
                                                                                                                 Association.

                                                                                                                 Mr.T.Singhdev,    Advocate    with
                                                                                                                 Mr.Tanishq Srivastava, Mr.Abhijit
                                                                                                                 Chakravarty, Mr. Bhanu Gulati, Mr.
                                                                                                                 Aabhaas Sukhramani, Mr. Anum
                                                                                                                 Hussain, Ms. Yamini Singh and Mr.
                                                                                                                 Sourabh Kumar, Advs. for BCD.

                                                                                                                 Mr. Sanjay Jain, Sr. Adv. with Mr.
                                                                                                                 Piyush Beriwal, Mr. Kushagra K.
                                                                                                                 Kansal, Mr. Vedansh Anand, Mr.
                                                                                                                 Yash Tyagi and Mr. Sandip Munian,
                                                                                                                 Advs. for applicants in C.M. No.
                                                                                                                 61310/2024

                                                                                                                 Mr. Neeraj, Mr. Satya Ranjan Swain,
                                                                                                                 Mr. Rudra Paliwal, Mr. Sanjay Pal,
                                                                                                                 Mr. Soumyadip Chakraborty, Mr.
                                                                                                                 Kautilya Birat and Mr.Sachin
                                                                                                                 Saraswat, Advs.

                                                                                                                 Mr. Ajay Kumar Agarwal, Adv.




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 21/11/2024 at 22:11:33
                                           CORAM:
                                          HON'BLE THE CHIEF JUSTICE
                                          HON'BLE MR. JUSTICE VIBHU BAKHRU
                                          HON'BLE MR. JUSTICE YASHWANT VARMA

                                                                                         ORDER

% 20.11.2024 CM APPL. 61310/2024, CM APPL. 63389/2024, CM APPL. 63390/2024

1. Learned counsel for the Delhi High Court has handed over a brief note. The said note reads as under:

"The Hon'ble Full Bench in Writ Petition (C) No. 10363/2021 titled "Lalit Sharma and ors. vs. Union of India and ors." vide orders dated 19.03.2024, while adhering to the principle of "One Bar One vote" has directed that the Election of the Executive Committees of all the District Court Bar Associations, Delhi High Court Bar Associations and all the Bar Associations annexed with Tribunals in Delhi are to be held simultaneously on one date for which the proximity cards are mandatory. The said proximity cards would also be useful for security purpose on later stage.
The "Committee to conduct Audit of Existing Rules and Measures: (i) To make Recommendations regarding Security and Disaster Management of Delhi High Court and all the District Courts; (ii) To propose Draft Rules; (iii) to examine Existing Rules on the Issues and Suggest Amendments" was entrusted with the task of providing proximity cards to all the advocates.
The aforesaid Committee has decided that the applications for the proximity card of the advocates are subjected to approval at 04 levels i.e. Level-1 - State Bar Councils; Level-2 - Election Committee of respective Bar Association; Level-3 - President/Secretary of respective Bar Association and Level-4 is this Court. A total of 41282 applications are received for proximity cards. The pendency of applications at each level is as under:-
Total Pending at Level-1: 275 Total Pending at Level-2: 11068 Total Pending at Level-3: 12488 Total pending at Level-4: 1628 The Hon'ble Chairman of the Security Committee while 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 21/11/2024 at 22:11:33 considering the matter related to delay in verification process at respective levels has directed as under:- "a cut off date of 26 Nov, 2024 be fixed as the last date for verification and approval at each level. This may be communicated forthwith to the respective Associations. Accordingly, vide this Court's letter dated 14.11.2024 the Secretaries of State Bar Councils (Level-I), Chairperson of Election Committees (Level-2) and President/Secretaries of respective Bar Associations were requested to complete the verification process/approval of applications within the time frame.
A total of 6140 cards have been printed and handed over to concerned Chairperson of Election Committees for onward distribution to concerned advocates. "

2. Mr. Sanjay Jain, learned senior counsel for the applicants in C.M. No. 61310/2024 states that the Delhi High Court Bar Association is not cooperating in the preparations leading to elections. He states that Nine Thousand Three Hundred and Six (9306) forms are pending scrutiny at the Level 2 stage in the Delhi High Court. He also states that the Delhi High Court Bar Association has neither appointed a Returning Officer nor an Election Commissioner till date.

3. Mr. Sandeep Sharma, Honorary Secretary, Delhi High Court Bar Association assures this Court that the said forms shall be processed both at Level 2 and Level 3 stage forthwith. He also states that the issue of reservation of posts for women candidates is pending consideration before the Supreme Court and the matter is now listed before the Apex Court on 29th November, 2024. He prays that the present matter be taken up after the next date of hearing before the Apex Court. He assures this Court that the direction given on the administrative side by the Security Committee shall be complied with on or before 26th November, 2024. The said statements are taken on record.

4. Keeping in view the aforesaid, this Court directs the District Court Bar Associations and the Delhi High Court Bar Association to appoint a 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 21/11/2024 at 22:11:34 Returning Officer along with an Election Commissioner on or before 26th November, 2024.

5. List the matter for further consideration on 02nd December, 2024 at 02:30 p.m. MANMOHAN, CJ VIBHU BAKHRU, J YASHWANT VARMA, J NOVEMBER 20, 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 21/11/2024 at 22:11:34