The Delhi High Court on Saturday declined to order a fresh election for the Bar Council of Delhi (BCD), holding that the alleged irregularities identified during the counting process did not justify setting aside the entire electoral exercise.

A Division Bench comprising Justices Anil Kshetarpal and Tejas Karia ruled that although petitions challenging the conduct of the elections were maintainable, the circumstances did not warrant a complete re-poll. The Court directed that the counting process, which had been halted earlier, should resume from the stage at which it was stopped.

The Bench observed that the discovery of certain allegedly manipulated ballot papers could not, by itself, invalidate the entire election. Instead, it prescribed a mechanism for dealing with such ballots. According to the Court, ballot papers containing erasures, overwriting, corrections, additions, or other suspicious markings must be segregated and preserved as “doubtful ballots.”

The Court directed that these doubtful ballots be examined by the Additional Solicitor General (ASG), who will determine the manner in which they are to be counted and record brief reasons for each decision. The ASG’s determination on such ballots will be final, and the ballots along with the recorded reasons will be preserved separately.

Importantly, the Bench held that no recount of first-preference votes was required, noting that the alleged manipulation did not affect the first-preference ballot count. Consequently, the Court allowed the counting exercise to continue.

To enhance transparency and maintain the integrity of the process, the High Court ordered several safeguards, including secure lockable storage for ballot papers, installation of high-resolution cameras, continuous CCTV surveillance, live-streaming of the counting process, and stricter verification procedures for counting personnel.

The Court also directed that 27 allegedly manipulated ballots and other doubtful ballots be examined separately under the mechanism prescribed by it. While permitting the election process to move forward, the Bench clarified that aggrieved parties would retain the right to challenge the final results through appropriate election petitions.

The controversy surrounding the BCD elections traces back to allegations of irregularities during the counting process. The matter had earlier reached the Supreme Court, which on May 18 transferred a batch of petitions concerning the elections to a special bench of the Delhi High Court. The apex court had also stayed the counting process after concerns were raised regarding the counting of allegedly tampered ballot papers.

The Bar Council of Delhi elections were conducted in February 2026 under the supervision of retired Delhi High Court judge Justice Talwant Singh, who served as Returning Officer. The election process was marked by several disputes, including allegations of violations of the Model Code of Conduct, suspension notices issued to candidates, disciplinary action against advocates, and complaints relating to the conduct of certain participants during the election process.

With the High Court’s ruling, the long-stalled counting process is now set to resume under judicially mandated safeguards, paving the way for declaration of the election results.

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