Supreme Court stays counting of Delhi Bar Council polls, asks HC to expedite hearing on tampering allegation

The Supreme Court on Monday (May 18) stayed the counting of votes for the Bar Council of Delhi (BCD) elections following tampering allegations and asked the Delhi High Court to conduct a day-to-day hearing on the pleas.

A bench comprising Chief Justice Surya Kant and Justice Joymalya Bagchi passed the order while hearing a plea filed by Birender Sangwan and others.

The CJI transferred the matter to a division bench of the High Court, urging the Chief Justice to constitute a Special Bench to hear the dispute on a day-to-day basis.

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 matter is entrusted to a division bench of the Delhi High Court.

“Consequently, we transfer these petitions to the Delhi High Court with a request to the Chief Justice to list the same before a special bench within this week,” the bench ordered.

The bench said till then the High Court decides, “further counting of ballot papers shall be kept in abeyance. We have not expressed anything on the merits of the case. Parties at liberty to raise contentions before the High Court.”

Representing the petitioners, advocate Shobha Gupta sought urgent intervention, informing the bench that the integrity of the democratic process within the Bar was at stake.

“Tampered ballot papers are being counted. There is an emergency,” Ms. Gupta said. The CJI said that the High Court would be better equipped to handle the case.

The Supreme Court said that it has received a letter in sealed cover from former HC judge Justice Talwant Singh of May 2 relating to the election process and ordered that it be resealed and sent to the chief justice of the High Court The bench clarified that it has not expressed any opinion on the merits of the case.

However, to maintain the status quo, it ordered that “further counting of ballot papers shall be kept in abeyance” until the high court reaches a final decision.