Advocate Pradeep Bajia has been elected as the president of the District Bar Association (DBA) in Hisar. The election also saw Rahul Singh Luhach securing the vice president post, while Samir Sihag was elected as the secretary of the association.
High Voter Turnout Despite Legal Hurdles
The election held on Friday recorded nearly 75 percent polling. A total of 2,088 advocates out of 2,763 eligible voters cast their ballots to elect office bearers including the president, vice president, secretary, joint secretary, and treasurer. Voting was conducted through ballot papers.
Controversy Surrounding the Election
The election proceeded despite a stay order from the Bar Council of India (BCI) and the suspension of the Returning Officer (RO), Advocate Dalip Jakhar. Jakhar had insisted that the election would go ahead despite directives from the BCI and the Bar Council of Punjab and Haryana (BCPH) to stop the process.
Advocates associated with the DBA reported that the election was conducted peacefully.
BCPH and BCI Actions
In a last-minute move, the BCPH issued a letter informing about the interim suspension of Advocate Dalip Jakhar from practice. The order barred him from appearing, pleading, filing vakalatnamas, advising clients, or practicing before any court, tribunal, or authority. He was also restrained from functioning as the returning officer.
The BCI had earlier restrained Jakhar from acting in any capacity related to the DBA elections, including as Returning Officer, Election Officer, Convener, Coordinator, or member of any election-related body. Despite these orders, Jakhar reiterated on Thursday that the poll would be held.
Background of the Dispute
The General Body meeting of the DBA had previously decided to conduct elections after the tenure of the previous office bearers ended. An ad hoc committee was formed as an interim arrangement, but another General Body meeting later appointed Dalip Jakhar as RO, who subsequently announced the elections.
Two factions exist within the bar association—one led by Advocate Jakhar and another opposing the elections. The controversy escalated earlier this week when the opposing faction wrote to the BCPH and BCI. The BCI then issued directions questioning the manner of the election and cautioned that any poll held in violation of rules could be interfered with by the competent authority.
In its order dated June 10, the BCI stayed the notice and directions issued by Jakhar for conducting the elections. The Council reiterated that the entire election process initiated by the ad hoc committee or by Jakhar as Returning Officer would remain stayed until further orders.
The BCI also placed Jakhar under interim suspension from practice under Section 35 of the Advocates Act, 1961, and restrained him from functioning in any capacity related to the election process, including issuing notices, convening meetings, handling election records, voter lists, ballot materials, nomination records, attendance registers, and other documents.
Candidates and Legal Challenge
The RO had released the final list of candidates on May 29, with 17 advocates contesting various posts. An advocate also approached the Punjab and Haryana High Court seeking a stay on the election process. The matter has been listed for hearing on June 15, while the election was conducted on June 12.
