Court Allows Petitioner, an Elected Member, to File Nomination Pending Examination of Election Notice Validity
In a significant development concerning the Bar Council of Delhi's internal elections, the Delhi High Court has taken cognizance of a petition challenging the notice calling for elections of office bearers, including the member representative to the Bar Council of India. The petition filed by Mehmood Pracha questioned the authority of the Returning Officer who issued the election notice dated September 25, 2026, scheduling the elections for October 10, 2026.
Presiding over the case, Justice Saurabh Banerjee emphasized the need to ascertain the validity of the Returning Officer's appointment and the subsistence of his tenure before adjudicating on the election notice's legality. Accordingly, the Court directed all parties to submit the Letter of Appointment and all connected documents pertaining to the appointment of the Returning Officer within two weeks. Additionally, a two-page note of submissions along with highlighted judgments supporting their claims was ordered to be filed within three days of the documents' submission.
Despite the pending scrutiny, the Court clarified that the petitioner, who is an elected member of the Bar Council of Delhi, retains the full right to file his nomination for the elections in accordance with the law. This interim relief was granted to ensure that the petitioner's electoral rights are not prejudiced pending the final decision. Counsel for the respondents conceded that there would be no objection to the petitioner filing his nomination.
The petition sought three primary reliefs: quashing the election notice issued by the Returning Officer, directing the convening of an extraordinary meeting of the Bar Council of Delhi as per the requisition dated September 26, 2026, and any other order the Court deems fit. The Court has scheduled the next hearing for October 6, 2026.
This judgment underscores the judiciary's role in upholding procedural propriety in professional bodies' elections and ensuring members' rights are protected during electoral disputes. The outcome of this case may set a precedent on the extent of control over election notices and appointment powers within statutory bodies governed by specific rules, such as the Bar Council of Delhi Rules, 1963.
Bottom Line:
Bar Council of Delhi election matter - Challenge to notice calling election of office bearers and member representative to Bar Council of India - Court sought appointment letter and connected documents of Returning Officer to examine authority and subsistence of tenure - Pending consideration, Court clarified that petitioner, being elected member of Bar Council of Delhi, is entitled to file nomination in accordance with law.
Statutory provision(s): Constitution of India, 1950 Article 226; Bar Council of Delhi Rules, 1963 Rule 54
Mehmood Pracha v. Bar Council of Delhi, (Delhi) : Law Finder Doc Id # 2990510
