Plea in Supreme Court Seeking Polling by Secret Ballot in Physical Form for SCBA Elections

Request for holding SCBA elections in physical mode over concerns of misuse of funds to deploy agency services

A Petition has been filed in the Supreme Court in relation to SCBA elections 2020- 21. The petitioner wants the elections to be held in physical mode only. Advocate Pradeep Kumar Yadav, who is also a contesting candidate in the upcoming elections of the SCBA, has filed the petition. He claims that a large amount of money from SCBA members would be misused to employ agency services for conducting virtual elections. 

The petitioner also contends that more than 70% of the total voters and contestants taking part in the upcoming elections want that it be performed in physical form and not in any other form.

SCBA bye-law prescribes holding elections through secret ballot

The mechanism adopted for the elections was also challenged. He asked, "how will the agency determine that a vote is an actual vote or a proxy, and how will it prevent mismanagement from taking place is debatable."

The petitioner requested the court to direct the respondent to conduct elections as per Bye-Law no. 17 of the Registered Bye-Laws of the Supreme Court Bar Association which declares the election strictly through secret ballet only.

SCBA elections slated for February 27, 2021

SCBA elections are going to take place on February 27, 2021. Both the methods i.e. online and physical mode of voting can be employed this time to conduct elections. 

It is pertinent to note that NSDL has released a Standard Operating Procedure (SOP) for “e-Voting” in the forthcoming SCBA Elections 2020-2021. A virtual town hall meeting has also been proposed to answer and queries from members. The same is likely to take place between 11:00 AM to 1:00 PM on February 20.