WP(C) 7317-7388/2008 Page 1 of 7 * THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on: 22.10.2008 + WP(C) 7317/2008 DISTRICT COURT BAR ASSOCIATION DWARKA ...... Petitioner -versus- BAR COUNCIL OF DELHI & ANOTHER ..... Respondent Advocates who appeared in this case: For the Petitioner : Mr Sakal Bhushan, Mr M Qayum-ud-din, Mr P S Singh, Mr Ajay Laroia & Mr Pankaj Batra For the Respondent : Mr Sanjay Jain, Sr Advocate with Mr Abhay Verma, Mr Ramesh Gupta, Mr Sarfaraz Ahmad, Mr Biju Raman & Mr Sumit Rajput for respondent no.1/BCD. Mr Viraj R Datar with Ms Bandana Shukla for respondent no.2/DHC. AND WP(C) 7388/2008 DELHI BAR ASSOCIATION ...... Petitioner -versus- BAR COUNCIL OF DELHI & ANOTHER ..... Respondent WP(C) 7317-7388/2008 Page 2 of 7 Advocates who appeared in this case: For the Petitioner : Mr Rajiv Khosla For the Respondent : Mr Sanjay Jain, Sr Advocate with Mr Abhay Verma, Mr Ramesh Gupta, Mr Sarfaraz Ahmad, Mr Biju Raman & Mr Sumit Rajput for respondent no.1/BCD. Mr Viraj R Datar with Ms Bandana Shukla for respondent no.2/DHC. CORAM :- HON'BLE MR JUSTICE BADAR DURREZ AHMED HON'BLE MR JUSTICE RAJIV SHAKDHER 1. Whether the Reporters of local papers may be allowed to see the judgment ? 2. To be referred to Reporters or not ? 3. Whether the judgment should be reported in the Digest ? BADAR DURREZ AHMED, J (ORAL) All parties are agreed that the election to the Dwarka Court Bar Association needs to be conducted and held. Based on this premise various suggestions have been made for the convenience of all the parties and to see that free and fair elections take place. After considering all the suggestions and after noting that there is a consensus, we issue the following directions:- WP(C) 7317-7388/2008 Page 3 of 7 1. The schedule notified by the notification dated 30.9.2008 issued by the Bar Council of Delhi is to be substituted by the following schedule:- (a) The last date for receiving application forms for membership to the Dwarka Court Bar Association would be 31.10.2008. (b) The list of members of the Dwarka Court Bar Association would be published on 3.11.2008 by 5.00 pm. (c) The nominations for the elections to the various posts of the Dwarka Court Bar Association would be accepted between 04.11.2008 and 08.11.2008. The nominations would be accepted upto 5.00 pm on 08.11.2008. (d) The scrutiny would be held on 08.11.2008 itself at 5.30 pm. (e) The last date of withdrawal of nominations would be 10.11.2008 and the withdrawals could be made till 5.00 pm on that date. WP(C) 7317-7388/2008 Page 4 of 7 (f) The final list of contesting candidates would be displayed latest by 5.30 pm on 10.11.2008. (g) The poll would be held on 14.11.2008 from 10.30 am to 5.30 pm. Voting would be done through Electronic Voting Machines. (h) Counting will commence on the same day of the poll i.e, on 14.11.2008, after the closure of polling. It is clarified that the posts to which the elections are to be conducted would be as per Paragraph ‘p’ contained in the notification dated 30.9.2008 as amended by the notification dated 15.10.2008. 2. Shri K K Sareen shall be the Returning Officer and he shall appoint Assistant Returning Officers. He may requisition the help of other members/staff of the Bar Council of Delhi or other Bar Associations for the purpose of conducting the election in a smooth, free and fair manner. The entire election process would be overseen by the committee comprising of Mr V P Singh, Sr Advocate, Mr Raj Birbal, Sr Advocate and Mr R P Lau, Advocate. It is made clear that if there are any disputes with regard to membership or any other matter which require a spot decision for the purposes of conducting a WP(C) 7317-7388/2008 Page 5 of 7 free and fair election, the same shall be referred to this Committee whose decision shall be final. 3. The conditions stipulated in the application form of giving concessions to the members of the New Delhi Bar Association will not be applicable. All persons who seek membership of the Dwarka Court Bar Association would pay the same enrolment fee of Rs 600/- plus the annual subscription of Rs 600/- payable in advance. The enrollment fee and subscription fee will be the same for all applicants except that advocates enrolled after 1.1.2004 would have to pay an enrolment fee of Rs 100/-, the subscription fee shall remain the same i.e, Rs 600/- per year. 4. It is further clarified that the forms as existing shall be utilized for the purposes of applying for membership of the Dwarka Court Bar Association, however, the contents of serial nos 5, 7, 9, 10 and 11 of the said form shall not be considered for any other purpose including the allotment of chambers 5. It is agreed by all parties that these petitions and the applications for membership pertain to the grant of membership and conduct of elections and are in no way connected with the allotment WP(C) 7317-7388/2008 Page 6 of 7 of chambers. After the elections are over, the members of the Dwarka Court Bar Association shall be required to fill in new forms which will not have references to any particular Bar Association. The parties agree that a form similar to the one used for New Rohini Court Bar Association may be used with suitable modifications. 6. One Thousand (1000) forms shall be provided by the Bar Council of Delhi to Mr Sakal Bhushan, Advocate, who will accept the same on behalf of the District Court Bar Association, Dwarka for applications to be submitted by its members. These forms would be given to Mr Bhushan against the payment of Rs 10,000/- which he shall make to the Bar Council of Delhi. 7. A Drop Box for accepting application forms for membership shall also be provided at the Tis Hazari Courts Complex to be kept under the custody of the President of the Delhi Bar Association or any other person nominated by him. 8. It is also made clear that any member of the District Court Bar Association, Dwarka may apply for membership of the Dwarka Court Bar Association provided he/she satisfies the other eligibility conditions. WP(C) 7317-7388/2008 Page 7 of 7 9. The role of the high-powered committee would conclude on the publication of the list of members. With these directions these writ petitions stand disposed of. Dasti, under signature of court master. The date of 23.10.2008 already fixed stands cancelled BADAR DURREZ AHMED, J RAJIV SHAKDHER, J October 22, 2008 mb