Sagar Bar Election: MP High Court Sets Aside Vote Recount Order Passed Without Hearing President-Elect

The Madhya Pradesh High Court has set aside an order passed by the Special Committee of the State Bar Council of Madhya Pradesh directing recounting of votes for the post of President of the District Advocates Association, Sagar, holding that the order suffered from a violation of the principles of natural justice. [2026 LiveLaw (MP) 356]

Remanding the matter back to the Special Committee, the division bench of Justice Anand Pathak and Justice BP Sharma directed the Committee to hear the concerned parties and pass a reasoned order in accordance with law.

The petition was filed by Ankleshwar Dubey, who had contested the election for President of the District Advocates Association, Sagar. He challenged the August 25, 2026 order passed by the Special Committee in Appeal No. 8/2026, whereby recounting of votes for the post of President was directed.

The petitioner also sought protection of the election result declared after counting on August 22, 2026, in which he had secured 573 votes and was declared elected as President.

The senior counsel for the petitioner argued that the impugned order was arbitrary and illegal as it had been passed without providing the petitioner an opportunity of hearing.

The Court observed,

"After considering the rival submissions, this Court raised suggestion regarding rehearing of case in view of fact that petitioner was not granted any opportunity of hearing. Graceful in their disposition, all parties agreed to proposition that if parties concerned are given opportunity of hearing to ventilate their grievances and address the issues raised, then they would be satisfied". 

It was argued that a total of 1350 votes were cast by advocates, but only 1335 ballot papers were found. Some mischief was anticipated, and therefore the Returning Office decided to recount votes. However, during deliberations, the mob entered into his office, and he recalled the order to recount votes. Thus, respondent no 3 (Sanjay Dwivedi) approached the Special Committee in appeal wherein the impugned order was passed. 

The court suggested a rehearing of the case as the petitioner was not granted an opportunity to be heard. Thus, all parties agreed to the suggestion, and the impugned order was set aside. 

The court granted liberty to the petitioner and respondents to appear before the Special Committee and present their pleadings. Thus, the matter was remanded to the Special Committee for reconsideration. 

The bench further directed the Special Committee to expedite the case and possibly pass an order within 15 days. 

Case Title: Ankleshwar Dubey v State Bar Council of MP, WP-35839-2026

Citation: 2026 LiveLaw (MP) 356

For Petitioner: Senior Advocates Vivek Tankha and Rameshwar Thakur with Advocate Rohit Sohgaura

For State Bar Council: Senior Advocate Prakash Upadhyay

For Respondent no 3: Advocate Ashish Kumar Kurmi 

Click here to read/download the Order