High Court Asks Delhi Police To Take Strict Action Against Anyone Found Disturbing Shahdara Bar Association Elections; No Online Voting

403065 karkardooma court



403065 karkardooma court

The Delhi High Court on Monday directed the Delhi Police to take strict action against anyone, either lawyer or non-lawyer, who causes obstruction or disturbance in the conduct of Shahdara Bar Association elections which are scheduled to be held on May 09.

The order was passed by a full bench comprising Justice Prathiba M Singh, Justice Navin Chawla and Justice C Hari Shankar.

“In case any disturbance is caused by any group of individuals, either lawyers or non lawyers, the police shall be free to take strict action to ensure that no disturbance or obstruction is caused on smooth conduct of elections,” the Court said.

This was after an application was filed seeking directions to conduct the elections through both online and offline modes, citing lack of requisite security arrangements.

The plea was filed by Justice Talwant Singh (Retd.), Chairperson of the Shahdara Bar Association Election Committee.

During the hearing today, the Delhi Police informed the Court that security arrangements will be made for May 09 and 10 for the bar election. The DCP of the concerned area was present before the Court and submitted that the security arrangements will be sufficient to ensure that the elections will be conducted as per the format.

The Bench made it clear that the police will be free to take action against any individual who causes disturbance or tries to obstruct the conduct of elections in any manner.

The contesting candidates appearing before the Court also submitted that they shall cooperate in the peaceful conduct of the elections and that they would ensure that no disturbance or obstruction is caused to the voters or the Election Committee.

The Court directed that the police will ensure that the lawyer-voters carry their proximity cards and they be admitted only after verification.

It further said that the election area shall be covered by CCTV and one feed of the same will be given to the concerned DCP who may use it for taking action, if any required.

Regarding EVMs, the Court directed that the Election Committee will be free to approach the Delhi University or any other body for making EVMs available.

The counsel appearing for Delhi University assured the Court on instructions that the EVMs will be made available for elections if they are available with the varsity (as the same has been provided earlier in case of Dwarka Bar Association polls). The Court directed the Chairman of the Election Committee to contact the varsity’s counsel for the said purpose.

Furthermore, the Bench ordered that the police personnel will safeguard the ballot boxes after elections are conducted by the Election Committee.

It further directed that on the counting day, no one except the contesting candidates and their one representative each shall be allowed to remain inside the Karkardooma Courts premises. Everyone else shall remain outside the campus of Karkardooma Courts, it added.

The Court was dealing with a plea in which directions were issued from time to time regarding conduct of elections to the Delhi High Court Bar Association as also the various Bar Associations in the District Courts.

Pursuant to Court order, elections to all the Bar Associations were concluded on March 21, except in respect of the Saket and Shahdara Bar Associations which were called off due to various reasons.

Title: LALIT SHARMA AND ORS v. UNION OF INDIA & ORS





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