In a significant development on Monday, the Delhi High Court addressed the troubling practice of placing hoardings and posters for candidates in the bar elections of the national capital. The court, led by Acting Chief Justice Manmohan and Justice Tushar Rao Gedela, denounced this practice as a “menace” and urged that such expenditures in bar elections cease immediately.
The remarks came during a hearing of a Public Interest Litigation (PIL) advocating for a 33% reservation of seats for women lawyers in the Bar Council of Delhi (BCD), Delhi High Court Bar Association (DHCBA), and all District Bar Associations in Delhi. Senior Advocate Mohit Mathur, President of DHCBA, along with representatives from BCD and the Coordination Committee of district bar associations, attended the session.
The court expressed strong disapproval of the current electoral practices, emphasizing that hoardings and posters are detrimental and contribute to an unhealthy electoral culture. Acting Chief Justice Manmohan underscored that such practices should not be seen as investments for electoral returns and called on senior bar leaders to actively curb these practices.
“This poster hoarding business must stop,” ACJ Manmohan asserted. He urged senior counsels to take proactive measures and warned candidates of potential disqualification to deter them from engaging in these practices. “We owe it to the young generation of lawyers to set a proper example,” he added.
Earlier this year, a full bench had banned the use of hoardings, posters, and parties in bar elections to maintain electoral purity and curb the influence of money. During the recent hearing, the Shahdara Bar Association expressed support for the PIL concerning women’s reservation, and other district bar associations also showed backing for this initiative.
Senior Advocate Mathur highlighted that applying a reservation of one-third seats for women in the DHCBA’s Executive Committee might not be suitable given the association’s large membership base. He suggested that more time be needed to address this matter comprehensively.
The court has scheduled a meeting between the DHCBA and the Coordination Committee of district bar associations to further deliberate on the issue. The case will resume in September.
The PIL underscores the lack of effective representation of women in key positions within the BCD and other bar associations, arguing that this under-representation impacts women’s rights and the overall effectiveness of the justice system. The plea notes that despite an increasing number of women lawyers, their participation in prestigious roles remains minimal due to various professional barriers.
The petition asserts that reserving 33% of seats for women would ensure equal representation and provide women lawyers with opportunities for advancement and addressing grievances. “For 64 years since its establishment, women’s representation in the Bar Council of Delhi, Delhi High Court Bar Association, and District Bar Associations has been almost non-existent. Only two female lawyers have served on the Delhi Bar Council, with neither holding high-ranking positions. This reveals a persistent inequality towards women lawyers,” the plea concludes.
Title: Shobha Gupta Advocate v. Bar Council of Delhi & Ors.