Supreme Court Stays Counting In Delhi Bar Council Elections Till Delhi High Court's Decision On Alleged Irregularities

The Supreme Court on Monday stayed further counting of votes in the Bar Council of Delhi elections after allegations of serious irregularities, including claims that tampered ballot papers were being counted.

A bench led by Chief Justice of India Surya Kant and Justice Joymalya Bagchi took up the matter after Senior Advocate Shobha Gupta mentioned the case, describing the situation as an emergency.

“Tampered ballot papers are being counted, there's an emergency,” Gupta submitted before the Court, seeking urgent intervention.

Taking note of the nature of the controversy, the Supreme Court observed that effective adjudication would require examination of original election records, including ballot papers, and held that the Delhi High Court would be the appropriate forum to decide the dispute.

In its order, the Court said:

“Learned counsels for the parties have fairly agreed that since effective adjudication of controversy might require summoning of original records, such as ballot papers etc., it would be apt if the matter is entrusted to the Division Bench of the Delhi High Court.”

Accordingly, the Supreme Court transferred the petitions concerning the Bar Council of Delhi elections to the Delhi High Court and requested the Chief Justice of the High Court to constitute a special bench within this week to hear the matter.

The Court directed that the Division Bench take up the case on a priority basis, conduct day-to-day hearings, and dispose of the matter at the earliest.

Pending adjudication by the High Court, the Supreme Court ordered that the election process be halted at its current stage.

“Till the High Court decides finally, further counting of ballot papers shall be kept in abeyance,” the bench ordered.

The Court clarified that it had not expressed any opinion on the merits of the allegations and granted liberty to all parties to raise their contentions before the High Court.

Significantly, the Supreme Court also referred to a confidential communication received in connection with the controversy.

“We may also add that a confidential letter dated May 2 has been received from Justice J Talwant Singh (former Judge, Delhi High Court). We have perused it. Without divulging the contents at this stage, we direct the Registry to re-seal it and send it to the Hon'ble Chief Justice of the High Court for necessary action,” the order stated.

The contents of the letter were not disclosed in open court.