Supreme Court today addressed SLP Diary No. 42875/2024, filed by Advocate Anurag Rawal and argued by AOR Rajat Sehgal. The Court disposed of the Special Leave Petition (SLP), granting permission to approach the High Court for modifications to the conditions outlined in the judgment dated March 19, 2024.
SC Allows HC Review on Voting Conditions
The Supreme Court urged the High Court to evaluate the issues presented, noting the practical challenges associated with enforcing the current conditions. Specifically, the petition challenged two key requirements: the necessity of a proximity card to secure voting rights and the obligation to submit evidence of 12 appearances within the past year.
The case was heard by a bench comprising Mr. Justice BR Gavai, Mr. Justice KV Vishwanathan, and Mr. Justice PK Mishra. With the liberty granted by the Supreme Court, it is now up to the Bar Associations and relevant parties to approach the High Court for further proceedings.
The Two Conditions
Advocate Anurag Rawal has filed a Special Leave Petition (SLP) challenging specific aspects of the Delhi High Court's judgment dated March 19, 2024. This judgment approved recommendations from a committee regarding conditions for the upcoming bar elections in Delhi.
The SLP, filed by Advocate on Record (AOR) Rajat Sehgal, contests two main conditions: the requirement of a proximity card for voting rights and the stipulation of 12 appearances, along with the requirement for advocates from law firms to submit salary slips from the past six months to be eligible to vote.
These recommendations are intended to be incorporated into the bye-laws of bar associations. Notably, a previous SLP challenging a different condition—restricting members of one association from holding or contesting positions in another—was stayed by the Hon’ble Supreme Court on September 9, 2024.