A petition has been filed in the Delhi High Court against the Supreme Court Bar Association, alleging that the Executive Committee of the SCBA has made brazen attempts to interfere with the election process and undermine the sanctity of the Election Committee and upsetting free and fair elections of SCBA office-bearers for 2020-21.
The petition, filed by Advocate Abhinav Ramakrishna, states, “The manner in which the Executive Committee of the Respondent Association has sought to usurp the powers of the Election Committee and has forced the Election Committee to resign clearly smacks of malafide and is illegal.”
Earlier, the Executive Committee on December 4, 2020 resolved to hold the 2020-21 elections through online mode and nominated an Election Committee comprising Senior Advocates Jaideep Gupta (Chairperson), Harin P. Raval (Member) and Nakul Dewan (Member) in furtherance to which, the Election Committee considering the prevailing situation amid Covid-19 decided to conduct the elections in virtual mode on January 29.
Whereas, after commencement of the election process, the Executive Committee blatantly overriding the decision of the Election Committee passed a Resolution stating that the election shall be carried out in a hybrid mode (instead of virtual mode as decided earlier) and should be conducted by the third week of February.
The plea stated, “As per the scheme of the Rules, the only power conferred to the Executive Committee with regard to the elections is to nominate the Election Committee and follow the directions of such duly-constituted Election Committee. The refusal by the Executive Committee to sanction the expenses payable to NSDL for the conduct of elections and passing of a Resolution that the election shall be held in hybrid mode is therefore in teeth of the Rule 17A.”
The plea has sought direction quashing of the Resolution of the SCBA and declaring the same as unlawful, illegal, arbitrary, unauthorized, violative of principles of free and fair elections.
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