Petitioner Seeks Quashing of Electronic Voting Decision, Demands Independent Oversight and Enhanced Safeguards for Fair Polls
In a significant development concerning the conduct of the Institute of Company Secretaries of India (ICSI) Elections-2026, the Delhi High Court has issued notice on a writ petition filed by Mr. Subhash Bharti challenging the decision to conduct the elections through electronic voting. The petition was heard before Justice Amit Bansal on 25th August 2026.
The petitioner has raised serious concerns regarding the transition from the traditional physical voting system to electronic voting for the ICSI Elections-2026. The challenge specifically targets the decisions of the ICSI Council dated 22-23 May 2026 and 10 June 2026, which approved the adoption of electronic voting. The petitioner seeks the quashing of these decisions and urges the Court to direct the conduct of elections via the existing physical mode of voting, in compliance with the Company Secretaries Act, 1980, and the Company Secretaries (Election to the Council) Rules, 2006.
In the alternative, the petitioner requests that the electronic voting system be implemented only after the respondents satisfactorily demonstrate the presence of adequate statutory, technical, and procedural safeguards. These include a voter-verifiable and independently auditable trail, cyber-security certification, a genuine pilot exercise with public disclosure of results, infrastructure adequacy (such as high-speed internet and OTP delivery), and independent third-party examination ensuring backend resilience against unauthorized access, data manipulation, or cyber intrusions.
Further, the petition calls for removal of Respondent No. 3 from the role of Returning Officer and any involvement of the Secretariat, including Respondent No. 2, in the election process to ensure impartiality. Instead, an independent Returning Officer or Administrator should be appointed, potentially under the supervision of the Court or the Ministry of Corporate Affairs (MCA). The petitioner also demands placing the entire election process under the oversight of an independent and impartial authority or observer to guarantee a free, fair, and transparent election.
Pending final disposal of the petition, the petitioner seeks a restraint on implementing electronic voting except under Court-approved safeguards that ensure voter verification, data integrity, ballot secrecy, pilot testing, and recounting of ballots.
Additionally, the petitioner has sought the production of all records related to the electoral process, including decisions to introduce electronic voting, agenda notes, member complaints, and backend corrections. There is also a demand for an independent forensic and data audit to investigate any unauthorized access to the ICSI member database.
Other significant reliefs include a call for an independent inquiry into the professional affiliations of certain past Presidents with GDR & Partners LLP to check for any improper use of the Institute's platforms for personal gain. The petitioner also requests that upon expiry of the existing Council's statutory tenure, the Council be dissolved, and no office bearer should continue in office until fresh elections are conducted under an independent Administrator appointed by the Government.
The Court allowed the petitioner's application for exemption from personal appearance and issued notice to the respondents, who have accepted it through their counsels, including Senior Advocates Ms. Pinky Anand and Mr. J. Sai Deepak. The respondents have been directed to file their replies within four weeks. The matter has been listed for further hearing on 27th October 2026.
This judgment highlights the judiciary's intervention to ensure transparency, security, and impartiality in the conduct of elections for professional bodies. It also reflects growing judicial scrutiny over electronic voting systems and the necessity for robust safeguards in the era of digitization.
Bottom Line:
The petitioner challenges the decision to conduct the ICSI Elections-2026 through electronic voting, seeking a direction to revert to physical voting or ensure adequate safeguards for electronic voting, while also raising concerns regarding the impartiality of the election process and data integrity.
Statutory provision(s): Company Secretaries Act, 1980, Company Secretaries (Election to the Council) Rules, 2006
Subhash Bharti v. Union of India, (Delhi) : Law Finder Doc Id # 2974569
