Kiran Raj

The Delhi High Court has directed that the elections for the Delhi High Court Bar Association (DHCBA) will now be held on March 21, 2025, after delays in the finalization of the voter list and unresolved discrepancies in proximity card issuance. The court also instructed that the final voter list published on February 14, 2025, will be treated as the determinative list for the elections, and all proximity cards must be issued accordingly.

The order states: “We in this regard only clarify that the list of 14 February 2025 would constitute the final and determinative list which would regulate the right of participation and on the basis of which proximity cards may be issued. In case, an individual’s name appears in that list but the proximity card application has come to be rejected for any reason, the concerned agency will ensure that remedial action is taken forthwith.”

The matter was brought before the court due to multiple issues concerning the conduct of elections for the DHCBA. The court was informed that while the final voter list was published on February 14, 2025, there were discrepancies between the list and the issuance of proximity cards, which are required for participation in the election process. The court was also apprised of delays in the appointment of an Election Commission for the DHCBA and the logistical challenges in sourcing Electronic Voting Machines (EVMs).

Senior counsel representing the DHCBA submitted that the discrepancies in the voter list and proximity cards had created uncertainty among voters. The court was also informed that given the preparatory steps yet to be completed, including sourcing EVMs and addressing outstanding voter registration issues, conducting the election as originally scheduled was not feasible.

The court noted that while the election process had been delayed, further postponements should be avoided. It stated: “While various fresh dates for the conduct of elections were suggested including that of 19 March 2025, we have on due consideration come to the conclusion that rather than being faced with the spectre of yet another prayer for extension, it would be expedient to designate a date bearing in mind the preparatory steps that are yet to be completed, the impending Holi holidays as well as the imperative need of ensuring that court functioning is not disrupted.”

The court further noted that the proximity card discrepancies should not be a ground for preventing eligible voters from exercising their right to vote. It directed that proximity cards be issued strictly as per the final voter list.

It also recorded that the failure to constitute an Election Commission had further delayed the process. It directed that the DHCBA must ensure that the Election Commission is formed by February 22, 2025, and that a complete election schedule be submitted to the court by February 24, 2025.

The court issued specific directions to ensure the smooth conduct of elections. It ordered that the DHCBA must constitute its Election Commission by February 22, 2025, and that a finalized election schedule be placed on record by February 24, 2025. It also directed that all discrepancies related to the issuance of proximity cards must be resolved, ensuring that only those whose names appear in the final list published on February 14, 2025, are issued valid proximity cards.

The court stated: “The agency tasked with the issuance of proximity cards shall ensure that those are issued strictly in accordance with the aforenoted list.”

Recognizing that the preparatory steps were unlikely to be completed by February 28, 2025, the court rescheduled the elections for March 21, 2025, to allow sufficient time for the process to be conducted properly.

It further held that any grievances regarding the election process must be addressed through appropriate legal remedies.

The order concluded: “All applications shall stand disposed of on the aforesaid terms. We reserve the right of individual applicants to seek appropriate remedies in respect of any grievances which are voiced in accordance with law.”

Case Title: Lalit Sharma and Ors. v. Union of India and Ors.

Case Number: W.P.(C) 10363/2021

Bench: Justice Yashwant Varma, Justice Rekha Palli, and Justice C. Hari Shankar

[Read/Download order]