Saturday 23 November 2013

District Bar Associations court battle against illegal Delhi High Court Bar Association (DHCBA) elections continues

PRESS RELEASE DATED 21 NOVEMBER 2013

District Bar Associations court battle against illegal Delhi High Court Bar Association (DHCBA) elections continues

The appeals filed by all six District Bar Associations and by Advocate and Bar Council of Delhi member Rajiv Khosla were again taken up for hearing today (21 November 2013) by the Delhi High Court Division Bench of Justice Badar Durrez Ahmed and Justice Vibhu Bakhru.

After hearing Mr R K Sharma, counsel for the District Bar Associations and Mr Rajiv Khosla who is appearing in person, the judges were inclined to permit Rajiv Khosla to file his nomination for the post of President of the DHCBA in the forthcoming elections subject to the final outcome of the case. The deadline for nominations ends at 5 pm today. i.e., 21 November 2013.

When Mr A S Chandhiok, appearing for the DHCBA, objected to this suggestion from the judges, Justice Badar Durrez Ahmed and Justice Vibhu Bakhru asked Mr Chandhiok to disclose whether he had convened a General Body Meeting to approve the impugned new amendments. Mr Chandhiok failed to answer this query from the court and the bench directed him to file an affidavit by 26 November 2013 stating whether or not the General Body of the DHCBA had approved the impugned new alleged constitution and rules of the DHCBA.

The Division Bench of Justice Badar Durrez Ahmed and Justice Vibhu Bakhru have clearly indicated during the course of the hearing today that they will finally hear and decide the appeals on 26 November 2013 and will finally dispose off the controversy whether the elections are to be held under the original rules or the impugned new allegedly amended rules. The Bench also observed that if on 26 November 2013, the Bench found that the new rules were unlawful then Mr Rajiv Khosla would be permitted to file his nomination for the post of President.   

The direction from the court to Mr A S Chandhiok to file the affidavit on the issue of the legality of the new rules was made after the court repeatedly enquired from Mr Chandhiok if a General Body Meeting had been convened to approve the new amendments to the rules as required by the constitution of the DHCBA and upon Mr Chandhiok’s failure to answer this question from the Court.

The appeals have now been adjourned to 26 November 2013. Needless to say that thousands of lawyers practicing in the Delhi High Court and in all district courts are closely watching these proceedings as they have been illegally disenfranchised under the impugned amendments. The elections are scheduled for 13 December 2013.



Mr R K Sharma
Senior Vice-President of Delhi Bar Association, Tis Hazari Courts
Mobile 9313340162


PRESS RELEASE DATED 19 NOVEMBER 2013

Packed court-room for 19 November 2013 hearing on District Court Bar Associations’ challenge to the illegal new constitution and election bye-laws of the Delhi High Court Bar Association (DHCBA)

Mr R K Sharma counsel for all six district Bar Associations for Delhi and Senior Vice-President of Delhi Bar Association, Tis Hazari Courts, emphasised before the Delhi High Court that the DHCBA should set an example for maintaining the rule of law rather than the law of the jungle and that it should follow its own constitution, rules and bye-laws.

The elections notified for 13 December 2013 under the new illegal rules will result in debarring several thousands of lawyers from participating and voting in the said elections. The new illegal rules were not circulated or published before 16 September 2013 and therefore the question of these rules coming into effect from October 2012 does not arise. The electoral roll is still not ready and is being modified on a daily basis. Since yesterday, names have been deleted from the voting list and new names arbitrarily added as per pick and choose method. The names of Kapil Sibal and Arun Jaitley have been deleted from the voting list after this issue was raised in court yesterday by the District Bar Associations. However the names of several sitting and former office-bearers of other Bar Associations including Mr P H Parekh and many other ex-office bearers of the Supreme Court Bar Association have been arbitrarily retained on the electoral roll while the names of other similarly placed members have been deleted.

Mr R K Sharma further submitted before the Delhi High Court that according to the new alleged amendments not a single person could remain in the voter list or contest for any post as no member of the DHCBA has deposited Rs. 500 towards the newly created social security fund, despite this having been prescribed as a mandatory requirement. 

Subscriptions from a select few have been accepted after the prescribed cut-off date notified for this purpose. On the other hand several members have been wrongfully omitted from the voting list despite their subscription having been paid and accepted up to 31 March 2014.   

The new alleged rules also include arbitrary and unreasonable restrictions on who can contest for the posts of the executive committee. The election commission constituted by the outgoing Chandhiok led executive committee has been staffed by several sitting executive members who have been party to framing the illegal constitution and rules. Thus the new election commission is not a neutral body as required under election law. Such blatant disregard for propriety and law is unheard of in the elections for any Bar Association as these lawyer bodies are supposed to uphold and maintain the rule of law.

The new alleged rules also illegally take away the supervisory power of the General Body and purport to vest amendment powers in the executive committee itself.

In these circumstances, the conduct of elections under the new rules will result in  grave prejudice to several members and to several potential candidates who will be deprived of their right to vote and contest in their own association.

The outcome of the court proceedings is being eagerly watched and awaited by over 30,000 lawyers who belong to the six district court bar association which are fighting on their behalf for justice and for rule of law in the Delhi High Court.

The new alleged rules suffer from other gross illegalities and are an attempt to concentrate power within a small coterie and which infringe upon the fundamental rights of all lawyers with the right of audience in the Delhi High Court. For example, rule 51 of the new constitution declares that all statements and opinions expressed in DHCBA occupied premises will be private and confidential. This would mean that even lawyers’ conversations in the Delhi High Court canteen would fall within the purview of this new rule and a lawyer could be hauled for misconduct by airing these conversations outside the Delhi High Court. Such draconian measures would not even be countenanced in a school, yet a lawyer body is being sought to be gagged in this manner.   

Mr A S Chandhiok appearing for the DHCBA had no answer to the submissions made on behalf of the District Bar Associations. The matter has now been adjourned to tomorrow (20 November 2013) for further arguments.

Over 30,000 lawyers are waiting to find out whether the rule of law will prevail or not.


Mr R K Sharma
Senior Vice-President of Delhi Bar Association, Tis Hazari Court
Mobile 9313340162

PRESS RELEASE DATED 18 November 2013

All Delhi district court bar associations have challenged the unconstitutional and illegal amendments to the Delhi High Court Bar Association (DHCBA) constitution and election bye-laws in suits and appeals filed in the Delhi High Court on which arguments were addressed in the Delhi High Court today.

Gross illegality by A S Chandhiok led executive committee of DHCBA in unlawfully amending Association constitution/ bye-laws and election rules and in the conduct of proposed elections.

DHCBA is a representative body of lawyer-members in Delhi High Court. Under its constitution, it is required to hold elections every year. Rules for the DHCBA can only be amended in a General Body Meeting.

A S Chandhiok was elected as President of the DHCBA in September 2009. He did not hold elections for two years until the Bar Council of Delhi (a statutory body) compelled him to conduct elections.

A S Chandhiok was again elected president of the DHCBA in December 2011 defeating Rajiv Khosla by a very narrow margin.

The executive committee led by Mr A S Chandhiok has failed to convene the required Annual General Meetings in both 2012 and in 2013.

A S Chandhiok again failed to hold elections in 2012 and has illegally held on to the post of President of the DHCBA for two years.

On 16 September 2013, for the first time, member-lawyers of the DHCBA were informed that the Chandhiok led executive committee (which was staying on in office illegally)  had unilaterally framed a new constitution without convening a General Body Meeting.

These new rules are illegal because: -
  • They have been framed secretly and illegally without convening a General Body Meeting and without informing/ involving members
  • They are malafide, self-serving, and are being implemented in arbitrary and discriminatory manner by debarring all executive members of other Bar Associations
  • The voter list is fabricated and fraudulent
  • The voter list is inaccurate – for example Arun Jaitley and Kapil Sibal are included in the voter list even though their bar licence stands suspended on account of holding office of profit
  • The elections were notified even without the voter list having been finalised.
  • The voter list also violates the new rules by picking and choosing method and by selectively debarring several members including Rajiv Khosla who contested against A S Chandhiok in 2011 and lost by a narrow margin



It is a matter of great disappoinment that A S Chandhiok who is an Additional Solicitor General for the Government of India is not following the rule of law and is promoting dictatorship over democracy and thereby causing irreparable damage to the institution of the DHCBA.

Based upon representations by all district bar associations in Delhi, the Bar Council of Delhi exercised power under the Advocates Act and dissolved the Chandhiok led executive committee on 24 October 2013 and appointed an election committee to hold elections under the old rules.

A S Chandhiok and his team obtained a stay order of the Bar Council of Delhi resolution on a Saturday (26 October 2013) without serving advance notice on the Bar Council even though this is required under Delhi High Court rules.  

Six district court bar associations and some lawyers have filed suits in the Delhi High Court challenging these new illegal rules and seeking orders for elections under the old rules. The orders passed by Justice Vipin Sanghi, Single Judge refusing stay of elections has been challenged in appeals filed by the district Bar associations and by lawyers and these appeals are being heard by a Division Bench of Justice Badar Durrez Ahmed and Justice Vibhu Bakhru.

Arguments were led by Mr Rajiv Khosla (member of Bar Council of Delhi)  and Mr R K Sharma (Senior Vice-President of Delhi Bar Association and Senior Vice-Chairman of the coordination committee of all district bar associations) today (18 November 2013) for the Bar Associations and the matters have been adjourned for tomorrow.



Mr R K Sharma
Senior Vice-President of Delhi Bar Association, Tis Hazari Court
Mobile 9313340162

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