Advocates Awaiting AIBE Results to File Representation for Inclusion in Electoral Roll
In a significant development concerning the upcoming elections to the Bar Council of Delhi, the Delhi High Court has directed a group of provisionally enrolled advocates to present their grievances to a Special Committee regarding their exclusion from the electoral roll. The petitioners, who have completed their LLB degrees and are provisionally enrolled as advocates, await the results of the All India Bar Examination (AIBE), which is crucial for their inclusion in the electoral roll for the Bar Council elections.
The case, presided over by Justice Amit Bansal, was initiated by Umesh Kumar and other advocates seeking the inclusion of their names in the electoral roll. The petitioners argued that despite completing their legal education and provisional enrollment, their names were omitted from the electoral roll due to pending AIBE results. Senior Advocate Vikas Pahwa, representing the petitioners, emphasized that the petitioners had completed all necessary verifications and had received confirmation through WhatsApp communications.
The Bar Council of India and the Bar Council of Delhi have been actively addressing the modalities of holding elections, following directives from the Supreme Court to expedite the process. The Supreme Court, in its order dated November 18, 2025, mandated the formation of Special Committees to oversee the election process and address grievances. The order emphasized the need for timely elections and established a model timeline for conducting the electoral process.
The Delhi High Court's judgment, in alignment with the Supreme Court's directives, allows the petitioners to file a representation with the Special Committee by the following day. This Special Committee is responsible for considering and deciding on the inclusion of the petitioners in the electoral roll by January 12, 2026. The court's decision underscores the importance of ensuring fair and transparent elections while providing a mechanism for addressing individual grievances through a structured committee system.
The Special Committee, as well as the High-Powered Election Supervisory Committee, have been vested with the authority to resolve election-related grievances, with the Supervisory Committee's decisions being final. The court explicitly stated that no civil court or high court shall entertain petitions against the decisions made by these committees, thereby streamlining the grievance redressal process.
This judgment reaffirms the legal framework established for conducting Bar Council elections and emphasizes the role of Special Committees in safeguarding the electoral rights of advocates, especially those awaiting AIBE results. As the final electoral roll is scheduled for publication by January 17, 2026, the timely resolution of such grievances remains crucial for the integrity of the election process.
Bottom Line:
Advocates provisionally enrolled with the Bar Council of Delhi and awaiting results of the All India Bar Examination (AIBE) have the right to file representation before the Special Committee for inclusion in the electoral roll for Bar Council elections.
Statutory provision(s): Advocates Act, 1961, Article 142 of the Constitution of India
Umesh Kumar v. Union of India, (Delhi) : Law Finder Doc Id # 2833945
