The Delhi High Court has said that it hopes the impending elections to the Delhi Bar Association (the lawyers’ body of Tis Hazari courts) are conducted in a free and fair manner and in congenial atmosphere.
The statement came while the court was deciding on a petition moved by an advocate apprehending bias from one of the three members of the election committee constituted for the elections scheduled for January 25.
Congenial atmosphere
“It is hoped and expected that no reason is given to any member of the respondent No.1/Delhi Bar Association to approach the Court for any further relief pertaining to the impending elections, which are expected to be conducted in a free and fair manner and in a congenial atmosphere, in accordance with the rules and regulations...,” said the court.
Unfounded, says court
The Bench disposed of the petition, seeking setting aside of the election notice dated November 17, 2016 issued by the Delhi Bar Association informing about the appointment of the Election Commission with three advocates as its members.
He apprehended bias from one of the members of the committee but the court held the same to be unfounded.
Second relief
The second relief sought was the appointment of an independent Election Tribunal.
The petitioner said the election notice refers to the appointment of a particular person as one of the three members of the Executive Committee and he has a bonafide apprehension of bias against him. The court took note of the order dated October 18, 2016 which came to be passed by a division Bench of the high court in the case titled P.K Dash vs Delhi Bar Association.
In the case it was stated that the Bar Association shall constitute an Election Committee of three members and the said the Committee shall be formed three months before the end of the tenure of the office bearers of the Bar Association.
Court sets conditions
It was also directed that the Committee shall comprise two advocates with not less than 20 years' standing, who would not contest in the forthcoming elections and it would be chaired by a Judicial Officer not below the rank of Additional District Judge of five years' standing to be nominated by the concerned District Judge. The tasks assigned to the Election Committee were to verify the declarations and prepare a list of members eligible to vote.
The court directed that all directions given in the said case be followed by the DBA in conducting the elections.
Not one-man panel
On the issue of bias, it said, “This court is of the opinion that the grievance of the petitioner one of the members of the Election Committee is biased against him would hold water if it was a one-man committee. But that is not so. In the present case, the Election Committee comprises of three members. The petitioner has expressed complete faith in the remaining two members. In these circumstances, even if there is any apprehension in his mind about the fairness of one member, the very fact that there are two other members in the Election Committee, who are, as per the petitioner himself, neutral and unbiased, their presence shall be sufficient safeguard to ensure that a free and fair election is conducted.”
