Advocate Anurag Rawal, a partner at Atharva Law Chambers, has approached the Supreme Court by filing a Special Leave Petition (SLP) challenging specific conditions imposed for the forthcoming bar elections in Delhi. The SLP, filed by Advocate-on-Record Rajat Sehgal, contests a portion of the judgment dated March 19, 2024, delivered by a full bench of the High Court of Delhi, which accepted several recommendations made by a committee regarding the conduct of the elections.
The petition challenges two key conditions introduced in the High Court judgment. Firstly, the mandate that only those advocates with a proximity card would have the right to vote. Secondly, the requirement for advocates affiliated with law firms to have appeared in at least 12 cases and submit salary slips for the past six months to qualify as eligible voters. The High Court had directed that these recommendations be incorporated into the by-laws of the respective bar associations.
Earlier, an SLP had been filed challenging another provision of the same judgment—namely, the restriction that prevented members of one bar association from contesting or holding posts in another. The Supreme Court, in its order dated September 9, 2024, had stayed the implementation of that particular condition.
On September 20, 2024, Anurag Rawal's petition came up for hearing before a bench led by Hon'ble Mr. Justice Surya Kant. Senior Counsel Mr. P. Chidambaram, along with a team of counsels, represented the petitioner. During the hearing, the bench observed that a coordinate bench, headed by Hon'ble Mr. Justice B.R. Gavai, had previously heard a related SLP against the same judgment. It was decided that Rawal's petition should be heard by Justice Gavai’s bench to ensure consistency in the adjudication of issues arising from the same judgment. The matter has been listed for hearing on Tuesday before the bench headed by Justice Gavai.
Advocates affected by the conditions are hoping for interim relief, as many voters have been unable to file their declarations due to the retrospective imposition of the conditions outlined in the High Court's judgment. A favorable decision would bring much-needed respite to hundreds of voters in Delhi's legal community who are currently facing difficulties in meeting these new election requirements.
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