The Hindu : National : Supreme Court Bar Association election challenged

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Monday, May 30, 2011
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Supreme Court Bar Association election challenged

J. Venkatesan

New Delhi: The election of office-bearers to the Supreme Court Bar Association (SCBA) has been challenged in the Delhi High Court by a group of advocates on the ground that it was conducted through electronic voting machines (EVMs) and not through ballot papers as provided for in the Memorandum of Association.

Justice Sunil Gaur of the Delhi High Court issued notice to SCBA president P.H. Parekh, other office-bearers, and others on the suit filed by advocate Anis Suhrawardy and three other lawyers practising in the Supreme Court and posted the matter to June 6. In the May 11 election, Mr. Parekh defeated his nearest rival Adish Aggarwala by two votes. The former SCBA president, Ram Jethmalani, was also defeated.

The plaintiffs said the Election Committee was requested to hold the election by secret ballot. However, the committee issued a notice to the members that the election would be held by EVM only. They argued that the use of EVM was not only in contravention of the Memorandum of Association but also was contrary to Rules and hence the election was invalid.

They said: “Moreover, in the present case, the EVM was reported to be faulty and defective. None of safeguards required to be taken for testing the machine had been taken. The machine did not correctly record the votes cast and was also open to tampering.”

They argued that if the election was to be conducted through EVM, the Memorandum of Association ought to have been amended but it was not done so. Hence they sought a declaration that the election was illegal and void and to restrain the office-bearers from functioning until the disposal of the suit and to hold fresh election through secret ballot and in accordance with the Memorandum of Association.

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