SCBA Electoral Reforms | Consider Desirability Of Taking Up Issues In General Body Meeting: Supreme Court To SCBA

In a matter relating to electoral reforms in the Supreme Court Bar Association, the top Court today asked the Association to consider the desirability of taking up all issues in its General Body Meeting.

The Bench of Justices Surya Kant and KV Viswanathan passed the order, listing the matter after 3 weeks.

The arguments addressed emanated in response to an application filed by a member of the SCBA through Advocate-on-Record Pravir Choudhary seeking a relaxation of the norms for determining voter eligibility. A brief background of the matter can be accessed here.

SCBA's case has been that if anyone wants amendment of the election process of SCBA, they should come forward with a requisition supported by atleast 150 members, which will then be voted on by the General Body.

Former SCBA President and Senior Advocate Vikas Singh submitted before the court that the Association already had a requisition of 400 members, yet it was not calling a GBM.

SCBA's counsel claimed that no requisition had come from Singh.

Justice Kant, addressing SCBA's counsel, said "please appreciate...we are not asking you to react right now, it's a suggestion coming from...a good suggestion coming from anyone should be welcome".

At this point, Singh averred that the SCBA need not wait for his requisition and that it could itself call a GBM. He prayed that the court order for a GBM to be called today, so issues could be decided timely.

Trying to indicate that the matter was not being taken seriously by SCBA, Singh also submitted,

"...the whole purpose is somehow to delay the whole thing so that next election also goes like this...your Lordships' last order was 30.10.2023...when do they issue the letter? 08.01.2024...so after two and a half months if they are responding to us".

On SCBA's counsel urging that the matter be kept after 4 weeks as the suggestions given were to be considered, the court opined that the suggestions' aspect be kept independently.

"Meanwhile you just consider the desirability of whether you would like to take up all the issues in the General Body Meeting...that much, in principle...you can take a decision", Justice Kant said.

"In Executive Committee meeting, we will decide", the SCBA counsel conceded.

Case Title: Supreme Court Bar Association v. BD Kaushik, Diary No. 13992/2023