The Delhi High Court on Saturday declined to order a fresh election for the Bar Council of Delhi (BCD), holding that the alleged irregularities detected during the counting process did not justify setting aside the entire electoral exercise.
The Division Bench of Justice Anil Kshetarpal and Justice Tejas Karia held that the petitions challenging the conduct of the BCD elections and seeking a re-poll were maintainable. However, the Court concluded that the discovery of certain allegedly manipulated ballot papers during counting was not sufficient to warrant a fresh poll for the entire election.
The Court observed that where ballot papers contain erasures, overwriting, corrections, additions or any other suspicious alterations, the appropriate course of action is not to invalidate the entire election but to segregate such ballots and subject them to a separate scrutiny process. It directed that all such ballots be classified as “doubtful ballots” and preserved in sealed packets.
The Bench ordered that the doubtful ballots, including the 27 ballot papers alleged to have been manipulated, be placed before the learned Additional Solicitor General (ASG). The ASG has been tasked with determining the manner in which these ballots should be counted and allocating preferences accordingly. The Court directed that brief reasons must be recorded for every decision taken in relation to each disputed ballot. Such decisions will attain finality, and both the ballots and the recorded reasons shall be preserved separately as part of the election record.
The High Court further held that there was no requirement for recounting the first-preference votes. It noted that the allegations of manipulation did not affect the first-preference ballots and, therefore, there was no legal basis to reopen that stage of the counting process. Consequently, the Court directed that the counting exercise should resume from the stage at which it had been halted.
To safeguard the integrity and transparency of the remaining counting process, the Bench prescribed a series of enhanced procedural safeguards. These include secure lockable storage facilities for ballot papers, installation of high-resolution cameras, continuous CCTV surveillance, live-streaming of the counting process, and stricter verification protocols for personnel involved in counting. The Court also directed implementation of stringent access-control measures and preservation of all election-related records.
While disposing of the petitions, the Court clarified that the aggrieved parties would remain at liberty to challenge the election results through appropriate election petitions after declaration of the final outcome.
The order was passed in a batch of petitions alleging large-scale irregularities in the conduct of the Bar Council of Delhi elections. The Division Bench had reserved judgment on June 1 after hearing extensive arguments over three days, including proceedings conducted during the weekend.
The Court heard submissions advanced by advocates Rajiv Khosla, Shobha Gupta, Raman Gandhi, Anushka Arora, Dr. Lalit Bhasin, Vaibhav Jain, Nina Gupta and Rudra Vikram Singh on behalf of the petitioners. The respondents were represented by advocates T. Singhdev, Priya Hingorani, Sunil Mittal and Peyoosh Kalra. During the proceedings, the Bench also examined video recordings of the vote-counting process.
The matter had reached the High Court following intervention by the Supreme Court. On May 18, a Bench comprising Chief Justice of India Surya Kant and Justice Joymalya Bagchi transferred a batch of petitions concerning alleged election irregularities to a specially constituted Bench of the Delhi High Court.
Subsequently, after concerns were raised that allegedly tampered ballot papers were being included in the counting process, the Supreme Court ordered a stay on further counting until the High Court delivered its verdict.
The Bar Council of Delhi elections were conducted in February 2026 under the supervision of retired Delhi High Court judge Justice Talwant Singh, who was appointed Returning Officer for the polls.
The election process was marked by several controversies. On February 22, 67 candidates, including two Senior Advocates, were placed under summary suspension for alleged large-scale violations of the Model Code of Conduct and the Bar Council Election Rules, 2023. Notices were issued to 79 lawyers, although suspension notices against 63 candidates were subsequently withdrawn after they submitted explanations.
The controversy deepened when the Bar Council of India placed a lawyer under interim suspension for allegedly misbehaving with Justice Talwant Singh. The lawyer was accused of attempting to manhandle the Returning Officer, inciting a crowd of advocates and raising slogans against the election machinery while Justice Singh was conducting inspections in response to complaints of Model Code violations.
Subsequently, the Bar Council of Delhi suspended former Delhi High Court Bar Association President Rajiv Khosla along with nine other advocates from its rolls for allegedly manhandling, pushing and abusing election officials involved in conducting the BCD polls.
Amid the growing disputes, Justice Talwant Singh reportedly addressed a confidential communication to the Supreme Court on May 2 regarding issues connected with the conduct of the elections. Multiple petitions were thereafter instituted before the courts alleging procedural irregularities and seeking judicial intervention in the electoral process.
With the High Court refusing to order a re-poll and permitting counting to resume under enhanced safeguards, the long-pending Bar Council of Delhi election process is now set to move towards conclusion, subject to scrutiny of the disputed ballots and any subsequent election challenges.
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