Delhi HC Directs Bar Council of Delhi to Hold Elections by January 31, 2026

The Delhi High Court has directed the Bar Council of Delhi (BCD) to complete its long-pending elections by January 31, 2026, following the Supreme Court’s recent directions on State Bar Council polls.

Justice Mini Pushkarna passed the order while hearing a petition filed by Advocate Zahid Ali, who urged the Court to intervene since the BCD’s five-year term had expired in 2023, but fresh elections were not held.

The Court referred to the Supreme Court’s order dated September 24, 2025, in M. Varadhan v. Union of India, which directed the Bar Council of India (BCI) to ensure that all State Bar Council elections are completed—if not simultaneously, then in phases—by January 31, 2026.

“Having regard to the fact that elections of the State Bar Councils have not been held for decades in some States, the Bar Council of India must ensure that all such elections are concluded by 31.01.2026,” the Supreme Court had observed.

Justice Pushkarna held that the Delhi Bar Council was legally bound to comply with these directions and ordered that the elections be completed within the stipulated period.

Petitioner’s Claims

Advocate Zahid Ali, appearing in person, stated that the last BCD elections were conducted in April 2018. Despite the Council’s term ending in 2023, no fresh polls were held. Instead, the BCD continued to extend its functioning through administrative notices, citing the process of online verification of advocates.

The petition highlighted several notices—issued on February 29, 2024; July 27, 2024; March 31, 2025; May 19, 2025; May 31, 2025; and July 9, 2025—each extending the existing Council’s tenure, even after assurances that no further extensions would be given.

Ali argued that this continuous extension violated Sections 8 and 8A of the Advocates Act, 1961, which limit the term of an elected State Bar Council to five years, with a possible six-month extension only in exceptional situations. If elections are not held within this timeframe, Section 8A mandates that the Bar Council of India constitute a Special Committee to manage affairs until elections are conducted.

Violation of Constitutional Rights

The petitioner further contended that the repeated delay in elections had denied advocates their right to elect representatives, violating Articles 14 and 19(1)(c) of the Constitution, which guarantee equality and the right to form associations.

According to Ali, the absence of timely elections not only breaches statutory provisions but also erodes confidence in the democratic functioning of the Bar Council.

Court’s Direction

Justice Mini Pushkarna’s order places full responsibility on the Bar Council of Delhi to ensure compliance and conduct the elections within the timeline fixed by the Supreme Court.

The Registry has been instructed to forward a copy of the judgment to the Bar Council of Delhi for necessary action and follow-up.