Sultanpur Bar Election | Allahabad High Court Orders Inquiry To Identify 'Black Sheep' Advocates After Ballot Boxes 'Looted'

  • Sultanpur Bar Election | Allahabad High Court Orders Inquiry To Identify Black Sheep Advocates After Ballot Boxes Looted
    Listen to this Article

    The Allahabad High Court has directed the District Judge, Sultanpur, to conduct an inquiry to identify the advocates allegedly involved in looting ballot boxes during the counting of the Sultanpur Bar Association election, an act that disrupted the election process.

    A Bench of Justice Rajan Roy and Justice Manjive Shukla directed the District Judge to examine the CCTV footage, along with other available evidence, and identify the persons or advocates who may have indulged in the incident.

    The Court also directed the Superintendent of Police, Sultanpur, to monitor the investigation into the FIR registered in connection with the incident and submit a status/progress report.

    The Court was dealing with an application moved by the Elders Committee, constituted to manage the affairs of the District Bar Association.

    The Bench noted that, pursuant to its earlier orders passed last month, elections were scheduled for September 9, 2026.

    According to the submission made before the Court, the polling on September 9 took place peacefully. Counting commenced the following day and proceeded peacefully until around 3:30 PM, when a mob of lawyers present during the counting allegedly looted the ballot boxes.

    The Court recorded that the incident brought the entire exercise of polling and holding of elections "to a naught".

    The Court was further informed that the incident occurred despite its earlier orders for holding the elections through the Elders Committee.

    The Court was informed that the following morning, the lock on the room where the ballot boxes and other election materials had been kept was broken.

    The DVR/CCTV footage was allegedly tampered with and taken away. A complaint was thereafter submitted by the Elders Committee, pursuant to which an FIR was registered at Police Station Kotwali Sultanpur on September 14, 2026.

    A pen drive containing video footage of the incident was also placed before the Court. According to the submission made before the Bench, the footage recorded persons allegedly indulging in the incident.

    The Court observed that the incident had taken place within the District Court premises at Sultanpur and that it had occurred after the High Court had passed orders directing the conduct of the elections.

    The Bench said that the immediate requirement was to identify the persons who had indulged in the incident.

    It observed that the incident, prima facie, could constitute not only an offence but also contempt of the Court's orders, since it amounted to interference with the implementation of the directions under which the elections were to be conducted by the Elders Committee.

    The Court directed that all evidence available with the Elders Committee or members of the Bar be provided to the Investigating Officer in FIR/Case Crime No. 487 of 2026.

    It further directed the District Judge, Sultanpur, to conduct an inquiry with the assistance of the Elders Committee and members of the Bar.

    The inquiry would include the identification of the persons or advocates who allegedly engaged in the incident resulting in the disruption of the elections and the "looting etc. of ballot boxes".

    The District Judge has been directed to submit a report listing the alleged culprits to the High Court by the next date.

    The High Court made it clear that the FIR investigation and the inquiry ordered by it would serve different purposes.

    While the FIR and investigation would proceed under criminal law, the Court-ordered inquiry would concern the conduct of advocates under the Advocates Act, 1961 and the regulations framed thereunder, as well as possible action under the Contempt of Courts Act, 1971 or Article 215 of the Constitution, as the case may be.

    In an important observation, the Court further observed thus:

    "We cannot shut our eyes or ignore the incident which has happened. It is nothing but a challenge to the justice delivery system and to the Members of the Bar as also, the District Bar Association, by a handful of advocates, who, if it is found to have indulged in such an incident, would not deserve to be Members of the Bar".

    The Bench observed that if particular advocates were found to have indulged in the incident, the question of their continuance as members of the Bar and their entitlement to continue in practice would be considered separately.

    The Court also expected all members of the District Bar Association to cooperate in identifying the "blacksheep in the fraternity" who had indulged in the incident.

    The Bar Council of Uttar Pradesh has been directed to disclose its stand on the incident and state what action, if any, it proposes to take.

    Since the elections had been disrupted, the High Court directed that the elections to the governing council be held "at any cost".

    The District Judge, Sultanpur was directed to formulate a mechanism and schedule for holding the elections with the assistance of the Elders Committee. The District Magistrate and Superintendent of Police were directed to provide all necessary assistance for conducting the elections under their supervision.

    The District Judge and the Elders Committee were further directed to formulate the mechanism and date for polling and counting within one week, and to notify the same to the members of the Bar.

    The Court directed that the fresh polling be conducted fairly, with all necessary security arrangements to be made by the district administration in consultation with the District Judge and Elders Committee.

    The matter has been directed to be listed on October 22.

    Sparsh Upadhyay

    Sparsh Upadhyay is an Associate Editor with LiveLaw.

    Next Story