The Supreme Court on Thursday permitted the counting of votes in the Bar Council of Delhi (BCD) elections to continue, but restrained the declaration of results without its prior approval, amid allegations of procedural irregularities in the electoral process.
A vacation Bench comprising Chief Justice of India Surya Kant and Justice V Mohana passed the interim direction while hearing a special leave petition filed by Advocate Rudra Vikram Singh. The Court clarified that the counting process may proceed in accordance with the High Court’s directions, but the final declaration of results shall remain subject to further orders of the Supreme Court.
The Bench directed that the matter be listed after the Court reopens, and recorded that no results shall be declared until permission is expressly granted.
The dispute arises from challenges raised over the conduct of the BCD elections held in February 2026, where allegations of manipulation and irregularities in ballot papers were raised during the counting process. Concerns had been expressed that even allegedly tampered ballot papers were being included in the final tally.
Earlier, on May 18, the Supreme Court had directed that petitions concerning alleged irregularities in the elections be placed before a special bench of the Delhi High Court. At that stage, it had also stayed the counting process pending adjudication by the High Court.
Subsequently, on June 6, a Division Bench of the Delhi High Court comprising Justice Anil Kshetarpal and Justice Tejas Karia held that while the petitions challenging the electoral process were maintainable, the case did not justify ordering a complete repoll. The High Court found that the identification of certain manipulated ballots did not, by itself, vitiate the entire election process.
The High Court further observed that no recounting of first-preference votes was necessary as the alleged irregularities did not affect that stage of counting. It accordingly permitted the counting process to resume from the stage at which it had been halted.
To ensure procedural integrity and transparency, the High Court also directed the implementation of safeguards such as secure storage of ballots, continuous CCTV surveillance, high-resolution video recording, live-streaming of counting, and stricter regulation of personnel involved in the counting process.
It additionally ordered that 27 allegedly manipulated ballots, along with other disputed ballots, be segregated and examined separately, with the decision of the Additional Solicitor General on their validity to be treated as final for the purpose of counting. The Court also preserved the right of aggrieved parties to challenge the results through appropriate election petitions.
The Bar Council of Delhi elections had been conducted under the supervision of retired Delhi High Court judge Justice Talwant Singh, who acted as the returning officer. The electoral process, however, witnessed multiple controversies, including disciplinary action against several candidates for alleged violations of the Model Code of Conduct and the Election Rules, 2023.
As part of those proceedings, 67 candidates, including two Senior Advocates, were placed under summary suspension for alleged large-scale violations, while 79 advocates were issued suspension notices. Subsequently, a majority of the suspension orders were revoked after responses were submitted.
The Bar Council of India also placed one advocate under interim suspension following allegations of misconduct during the election process involving Justice Singh. Separately, the Bar Council of Delhi suspended former Delhi High Court Bar Association President Rajiv Khosla and nine other advocates for alleged misconduct, including manhandling and obstruction of election officials.
Justice Singh had also written a confidential communication to the Supreme Court regarding the conduct of the elections, following which multiple petitions were filed before the Court alleging irregularities in the electoral process.
The matter will now be taken up after the Court’s reopening, with results remaining subject to judicial approval.
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