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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