Supreme Court Refuses to Lift Stay on Delhi Bar Council Poll Counting, Directs Delhi HC to Hear Pleas on May 25

The Supreme Court on Thursday refused to modify its earlier order staying the counting of votes for the Bar Council of Delhi (BCD) elections following tampering allegations and asked the Delhi High Court to hear the pleas on May 25.

A bench comprising Chief Justice of India (CJI) Surya Kant and Justices Joymalya Bagchi and Vipul M Pancholi was urged by senior advocate Vikas Singh that the May 18 order of the apex court staying the counting of votes be modified.

"The counting is underway. Let it be completed. It will not be released subject to the orders of the high court," Singh said, adding that votes are lying scattered and it raises the issue of tampering of votes.

"We will not modify our order... there are serious issues (with regard to BCD elections)," the CJI said, referring to allegations that tampered ballot papers were being counted.

"On mentioning the MA (miscellaneous application) taken on board, since the matter is urgent, we request the Delhi High Court Chief Justice to list the matter immediately on Monday before a Division Bench. Parties shall be at liberty to present all arguments," the bench ordered.

On May 18, the bench stayed the counting of votes for the BCD elections.

The CJI transferred the matter to a division bench of the Delhi High Court, urging the chief justice to constitute a special bench to hear the dispute on a day-to-day basis. The Supreme Court said it had received a letter in a sealed cover from former HC judge Talwant Singh on May 2 relating to the election process and ordered that it be resealed and sent to the chief justice of the high court.

The bench clarified that it had not expressed any opinion on the merits of the case.

However, to maintain the status quo, it ordered that "further counting of ballot papers shall be kept in abeyance" until the high court reaches a final decision.


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