The
Supreme Court on Monday stayed the counting of votes for the Bar Council of
Delhi (BCD) elections following tampering allegations and asked the Delhi High
Court to conduct day-to-hearing on the pleas.
A
bench comprising Chief Justice Surya Kant and Justice Joymalya Bagchi passed
the order while hearing a plea filed by Birender Sangwan and others.
The
CJI transferred the matter to a division bench of the high court, urging the
Chief Justice to constitute a special bench to hear the dispute on a day-to-day
basis.
"Learned
counsels for the parties have fairly agreed that since effective adjudication
of controversy might require summoning of original records, such as ballot
papers etc., it would be apt, if matter is entrusted to a division bench of the
Delhi High Court.
"Consequently, we
transfer these petitions to the Delhi High Court with a request to the Chief
Justice to list the same before a special bench within this week," the
bench ordered.
The bench said till then the high court decides,
"further counting of ballot papers shall be kept in abeyance. We have not
expressed anything on the merits of the case. Parties at liberty to raise
contentions before the High court." Representing the petitioners,
advocate Shobha Gupta sought urgent intervention, informing the bench that the
integrity of the democratic process within the Bar was at stake.
"Tampered ballot papers are being counted there
is an emergency," Gupta said.
The CJI said that the high court would be better
equipped to handle the case.
The Supreme Court said that it has received a letter
in sealed cover from former HC judge Justice Talwant Singh of May 2 relating to
the election process and ordered that it be resealed and sent to the chief
justice of the high court The bench clarified that it has not expressed any
opinion on the merits of the case.
However, to maintain the status quo, it ordered that
"further counting of ballot papers shall be kept in abeyance" until
the high court reaches a final decision.