New Advocates-on-Records Get Voting Rights In SCAORA Elections After SC Order

In Ritu Rajkumari v. Election Committee, the Supreme Court of India has provisionally allowed newly registered Advocates-on-Record (AORs) to vote in the upcoming elections of the Supreme Court Advocates-on-Record Association (SCAORA).

The interim relief was granted while the Court issued notice on a writ petition challenging the exclusion of these newly qualified AORs from the voter list. The Court clarified that although they can vote provisionally, they will not be eligible to contest the elections.

The Bench comprising Chief Justice Surya Kant and Justice Joymalya Bagchi noted that around 205 AORs, who cleared the 2025 examination, would benefit from this order. Their results were declared in February, but formal induction took place only on April 16.

The Court observed that denying them voting rights solely due to administrative delays would be unfair. The Chief Justice remarked that the delay in their formal induction was partly due to administrative reasons, and such candidates had already fulfilled all essential requirements for membership.

Justice Bagchi further stated that although these candidates may not technically be members yet, they have effectively complied with all conditions needed for inclusion. This observation became central to granting them provisional voting rights.

During the hearing, it was argued that several newly registered AORs had applied for membership and paid the required fees before the prescribed deadline of April 14, 2026. However, they were excluded because they did not possess an AOR code at that time.

The petitioner contended that this exclusion was arbitrary and created an unfair classification between existing members and newly registered AORs. It was also pointed out that existing members were allowed to clear dues beyond the deadline, but similar flexibility was not extended to new entrants.

On the other hand, opposing counsel submitted that verification of applications by the Executive Committee was necessary before granting voting rights. However, the Court chose to balance equities by allowing provisional participation in voting.

The Bench also indicated that the SCAORA Election Committee may consider postponing the election, currently scheduled for April 29, by about a week. This would allow time for completing membership formalities and ensure fair interaction between candidates and newly added voters.

Senior Advocate PV Dinesh supported this suggestion, stating that candidates should get adequate opportunity to engage with the expanded voter base. The Court left this decision to the Election Committee.

The matter highlights concerns around procedural fairness in professional body elections and underscores the Court’s approach to preventing exclusion due to technical or administrative delays. The final outcome will depend on further hearings in the pending writ petition.