In a Special Sunday hearing, the Delhi High Court Bar Association’s Election Commission in the case DHCBA & Anr. v. University of Delhi & Anr observed and has informed the Delhi High Court that it has resolved to suspend its decision taken to defer Delhi High Court Bar Association DHCBA elections 2022 for a period of one week. For September 28, the election is scheduled.
The Single bench comprising of Justice Sanjeev Narula observed while hearing an urgent plea moved by Delhi High Court Bar Association against deferment of its elections scheduled for September 28 on the account of non-availability of electronic voting machines (EVMs) for conducting of the said elections.
However, the University of Delhi has been providing EVMs for conducting elections to DHCBA as well as other Bar Associations of Delhi. Also, the court was informed by DHCBA’s election commission that it will explore all the alternative options to get EVMs, in coordination with the bar association, to have the elections conducted as per schedule.
It has been clarified that the date for filing of nomination papers shall be 13th September instead of 12th September as the same were not printed.
Also, the Association’s Election Commission informed the court that if no alternate source of EVMs is available within one week, then its decision dated September 10 to defer the elections and the same will stand till the EVMs can be arranged
While hearing the decision undertaken by the election commission of DHCBA, the court noted that the election is currently back on schedule, in the light of the above decision of the Election Commission.
The Delhi University’s letter dated September 8 has been challenged by the DHCBA wherein stating that before providing EVMs for the upcoming elections, an arrear of Rs. 110,29,948 has to be cleared pertaining to 2019 DHCBA elections.
However, the DHCBA on September 10 resolved that since Electronic Voting Machines were not available and it will take some time to arrange it from other sources, it would not be possible to conduct the DHCBA 2022 elections as per the given schedule. Till further notice the elections are deferred.
Thus, the petition avers that the illegal unjustified and arbitrary action of Delhi University has led to sabotaging and arbitrary action of Delhi University has led to sabotaging the scheduled elections.
The plea reads that since because the timing of the said demand vide letter dated 08.09.2022 is highly suspicious and it cannot be ruled out that the same is an attempt of certain vested interests to derail the election process which was nearing conclusion after a painstaking process of getting the declarations of voters, scrutiny thereof, clearance of dues and preparation of voter lists.
The petition filled seeks direction on the Delhi University to supply EVMs for DHCBA 2022 elections without insisting on any demand of alleged dues. Also, it seeks a direction on the Association’s Election Commission to conduct the elections on September28, as per the schedule.
As per the DHCBA election schedule 2022, the time for filing of nomination papers is from 12th to 14th September; scrutiny of the nomination papers is on 15th September and the withdrawal of nomination papers is from 16th to 17th September and the polling is scheduled for 28th September. During the Course of hearing today, the counsel, Senior Advocate Mohit Mathur appearing for DHCBA submitted and has argued that the demand made by the Delhi University was arbitrary and is not sustainable in the eyes of law, as the monetary claim was being raised without any basis. It was also pointed out by Mathur that the EVM machines were returned in May 2019 immediately after the elections had been conducted.
The counsel, Senior Advocate Anil Sapra, appearing for another petitioner argued that the University’s demand was time barred and also highlighted that prior to impugned communication, DU had never raised any such demand.
The counsel, Senior Advocate Ravi Kant Chadha representing DHCBA Election Commission pointed out to the Court that immediately on being notified of the situation, a decision was taken to defer 2022 elections as in the absence of EVM machines, the very first effort on election commission’s part was to procure the said machines from other sources.
Further, the court emphasized that the DHCBA’s election commission was in touch with officials of the Election Commission of India who could provide the machines and therefore efforts were being taken so that the election which is scheduled is not disturbed.
The court stated that the DHCBA election commission would be able to revisit the issue after getting information from the ECI and other relevant authorities. It was argued by Senior Advocates Anil Sapra and N Hariharan that in the event the EVM machines are not procured from the sources, the DHCBA election commission can also consider conducting elections through ballot paper.
Further, Chadha stated that the decision has been taken at the present stage and that other options would be considered in the light of the situation as and when it arises. Thus, the court posted the matter for hearing for interim relief on Tuesday, while granting time to counsel appearing for Delhi University to respond to the petition.
