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SCBA Election Committee resigns after Executive Committee decides to hold elections virtually and physically

The Election Committee comprising Senior Advocates Jaideep Gupta (Chairman), Harin P. Raval (Member) and Nakul Dewan (Member) wrote to the Secretary of SCBA expressing their inability to discharge their duties anymore.

The Election Committee responsible for holding elections for the Supreme Court Bar Association’s Executive Committee 2020-2021 on Friday tendered its resignation in light of the resolution passed by the Executive Committee.

The Election Committee comprising Senior Advocates Jaideep Gupta (Chairman), Harin P. Raval (Member) and Nakul Dewan (Member) wrote to the Secretary of SCBA expressing their inability to discharge their duties. According to the Election Committee’s letter, the Executive Committee refused to carry out the directions given by it to hold elections through Virtual Platform, which were binding on them in terms of Rule 17A of the SCBA Rules.

The Election Committee had decided to hold elections on a digital platform and entered into discussions with NSDL to conduct elections on a virtual platform, and the same was communicated to the SCBA. The Executive Committee, however, through its resolution on Thursday decided to hold elections both virtually and physically.

The Executive Committee of the Supreme Court Bar Association in its meeting held on December 4, 2020 had constituted the Election Committee and requested them to ensure strict and punctual compliance of election guidelines and code of conduct. The SCBA Office was instructed to extend full help, support and cooperation to the Election Committee for preparation of SCBA Voters’ List 2020, and for all other necessary functions to be carried out by the Election Committee. 

On Thursday, SCBA President Senior Advocate Dushyant Dave had resigned from his post, saying he has forfeited the right to continue as the SCBA’s leader. Thanking the members for the help and cooperation rendered during the Covid-19 pandemic, Dave said in his letter that it may not be possible to hold virtual elections as per schedule due to reservations of some lawyers.

Dave also stated that the SCBA’s term has come to an end and so it was decided that election to elect a new body be held virtually. However, it won’t be possible hold them as per the schedule declared by the Election Committee since some members had reservations. He clarified that he understood their position and didn’t have any quarrel with their position but any further continuation in office as SCBA president would be morally wrong. 

Senior Advocate and former SCBA president Vikas Singh requested Chief Justice of India S.A. Bobde to resume normal functioning in the Supreme Court.  

In a letter to the CJI on Thursday, Singh the recent turn of events have created a situation whereby the interests of the Bar are being neglected and the Bench is taking unilateral decisions with regard to the functioning of the institution.

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The SCBA former president further stated that the bar and the bench are the two main pillars on which the system of justice rests.  

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