Supreme Court’s Decision on BCD Elections Vote Counting
The Supreme Court of India has issued a directive allowing the counting of votes for the Bar Council of Delhi (BCD) elections to proceed. However, the results of these elections cannot be announced without the express permission of the Court. This decision was handed down by a vacation bench comprising Chief Justice of India Surya Kant and Justice V Mohana in response to a special leave petition from Advocate Rudra Vikram Singh.
In its order, the Supreme Court stated, “List on reopening [of court]. Meanwhile, it is directed that counting of votes shall continue but no result shall be declared till the permission of the court.” This ruling comes after previous instructions to stay the counting due to allegations of irregularities, which were raised in the Delhi High Court.
Delhi High Court’s Previous Ruling
On June 6, Justices Anil Kshetarpal and Tejas Karia of the Delhi High Court determined that while the petitions concerning election irregularities were valid, the situation did not necessitate a complete re-election. The Court acknowledged the presence of manipulated ballot papers but concluded that the integrity of the first-preference ballot was intact, thereby allowing the counting to resume from where it had been paused.
To enhance the election’s transparency, the Court mandated several measures, including lockable storage for ballots, installation of high-resolution cameras, continuous CCTV surveillance, live-streaming of the process, and stricter oversight of the counting staff. Additionally, disputed ballots, including 27 allegedly manipulated ones, are to be reviewed by the Additional Solicitor General, whose decision will be deemed final. The Court also emphasized strict access controls and the preservation of election records, while maintaining the petitioners’ right to contest the results through election petitions.
Controversies Surrounding the BCD Elections
The BCD elections, which took place in February under the supervision of retired Delhi High Court judge Justice Talwant Singh, have been marred by significant controversy. On February 22, a total of 67 candidates, including two Senior Advocates, faced summary suspension due to widespread violations of the Model Code of Conduct (MCC) and the Election Rules, 2023. Although 79 lawyers received suspension notices, 63 were later revoked after the candidates provided explanations.
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Further controversy arose when the Bar Council of India temporarily suspended a lawyer accused of misbehaving with Justice Singh. The lawyer allegedly attempted to manhandle the retired judge, incited a crowd of lawyers, and led a demonstration against the election process while Justice Singh was inspecting complaints of MCC violations.
Moreover, the Bar Council of Delhi suspended former Delhi High Court Bar Association President Rajiv Khosla and nine other advocates for allegedly “manhandling, pushing and abusing” the officials responsible for conducting the elections. On May 2, Justice Singh sent a confidential letter to the Supreme Court regarding the elections, and various petitions have since been filed, alleging further irregularities.
