In a significant development concerning the integrity of bar association elections, the Supreme Court of India on Thursday refused to modify its interim order staying the counting of votes for the Bar Council of Delhi (BCD) elections. Citing “serious issues” over allegations of ballot tampering, the top court transferred the matter to the Delhi High Court, directing it to commence day-to-day hearings starting Monday, May 25, 2026.
A three-judge bench comprising Chief Justice of India (CJI) Surya Kant, Justice Joymalya Bagchi, and Justice Vipul M Pancholi ruled that the status quo must be maintained to preserve the sanctity of the election process. The bench clarified that further counting of ballot papers will remain suspended until the High Court reaches a final decision.
Background of the Dispute
The electoral controversy reached the apex court following allegations of widespread irregularities and ballot tampering during the BCD election process. On May 18, the Supreme Court intervened by staying the counting of votes.
Adding weight to the allegations, the Supreme Court revealed it had received a letter in a sealed cover on May 2 from former High Court Judge Talwant Singh detailing issues related to the BCD election process. During Thursday’s proceedings, the bench directed that the letter be resealed and dispatched directly to the Chief Justice of the Delhi High Court to assist in the upcoming hearings.
Arguments: Risks of Stopping the Count vs. Integrity of Ballots
Urging the court to lift the stay, senior advocate Vikas Singh, appearing on behalf of the applicants, requested a modification of the May 18 interim order. He argued that halting the process midway presented practical hazards and raised security concerns for the votes already cast.
“The counting is underway. Let it be completed. It will not be released subject to the orders of the High Court,” Singh submitted. He contended that leaving the votes uncounted and “lying scattered” created a heightened risk of physical tampering.
Court’s Analysis and Order for Day-to-Day High Court Hearings
The bench was unsympathetic to the plea to resume counting, emphasizing that the court could not ignore allegations that corrupted ballot papers were actively being integrated into the count.
Replying to the senior counsel’s arguments, Chief Justice Surya Kant observed:
“We will not modify our order… there are serious issues [with regard to BCD elections].”
Recognizing the urgency of the dispute, the apex court decided that a thorough evidentiary and legal examination should be conducted swiftly by the Delhi High Court. Taking the miscellaneous application on board, the bench ordered:
“On mentioning the MA taken on board, since the matter is urgent, we request the Delhi High Court Chief Justice to list the matter immediately on Monday before a Division Bench. Parties shall be at liberty to present all arguments.”
The Supreme Court urged the Chief Justice of the Delhi High Court to constitute a special Division Bench to hear the dispute on a day-to-day basis.
While the apex court explicitly clarified that it “has not expressed any opinion on the merits of the case,” it directed that “further counting of ballot papers shall be kept in abeyance” to maintain the status quo until the High Court delivers its final judgment.
