Rajesh Sharma v. The Returning Officer & ORS

$~42 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 3444/2018 & CM Nos.13603-604/2018 RAJESH SHARMA ..... Petitioner Through:

Petitioner in person.

versus THE RETURNING OFFICER & ORS ..... Respondents Through:

Ms.Amandeep Kaur with Ms.Biakthansangi Das, Mr.Tarun Verma, Ms.Puja Sarkar & Mr.Abhijit Chakravarty, Advs. for R-1, 2 & 4.

Mr.Preet Pal Singh, Adv. for R-3.

CORAM:

HON'BLE MS. JUSTICE REKHA PALLI

O R D E R

% 09.04.2018 Vide the present petition, the petitioner who was a candidate in the Bar Council of Delhi (BCD) Elections, has sought a direction to the respondent Nos.1 to 4 to stop the counting of votes of the elections of the Bar Council of Delhi and for violation of code of conduct and guidelines laid down by the respondent Nos.3 and 4 in respect of the specific reference order dated 22.02.2018 passed by this Court in W.P.(C) No.1699/2018. The petitioner has also inter alia prayed for a direction to the respondent nos.1 to 4 not to publish the result of the alleged violators in the BCD Elections, 2018. The petitioner, who appears in person, submits that during the election process, he had noticed many illegalities being committed by a number of candidates and the violation of the code of conduct and guidelines laid down by respondent no.3 and respondent no.4 and had

therefore, made various complaints to the Returning Officer as also to the Chairperson of Bar Council of Delhi. He further submits that similar complaints have been made by him to Bar Council of India also, but all his complaints have remained unanswered. Ms.Amandeep Kaur, Advocate for respondent Nos.1, 2 and 4 and Mr.Preet Pal Singh, Advocate appearing for respondent No.3 on advance notice, submit that respondents are conscious of their duties and assure the court that the respondents will take all the needful steps to examine the complaints made by the petitioner in accordance with the order dated 23.03.2018 passed by the Hon'ble Supreme Court of India in IA No.39883/2018 in Transferred Case (Civil) No.126/2016. Ms.Amandeep Kaur, learned counsel for respondent Nos.

1, 2 and 4 has drawn my attention to 'Para (b)' of the resolution passed by respondent No.3, which has been duly noticed in the order of the Hon'ble Supreme Court. She further submits that the petitioner may submit his complaints to the Office of Election Tribunal No.3, which will be based in the Office of Bar Council of India, 21, Rouse Avenue, New Delhi, comprising of Hon'ble Justice S.K. Mukherjee (Retd.), Hon'ble Justice R.D. Vyas (Retd.) and Hon'ble Justice Mridula Mishra (Retd.) She further assures the Court that the BCD would also forward the complaints received from the petitioner to the Tribunal, who will deal with the said complaints as per law i.e. after the completion of the counting process.

Needless to say that the respondent No.3 would be bound by their resolution and respondent Nos.1 and 2 will ensure that the results would be published only in accordance with the said

resolution.

The petition is disposed of. The pending applications also stand disposed of. DASTI.

REKHA PALLI, J APRIL 09, 2018/gm