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In response to grave accusations of ballot fraud, the Supreme Court on Monday ordered an interim stay of the Bar Council of Delhi (BCD) election vote counting.
During a hearing on a petition filed by Birender Sangwan and others, the Supreme Court intervened.
Advocate Shobha Gupta, who represented the petitioners, warned the bench that the entire integrity of the democratic process within the Bar was under jeopardy and urged immediate judicial action.
Gupta told the court, "Tampered ballot papers are being counted... there is an emergency," urging prompt action to protect the integrity of the election.
Chief Justice Surya Kant noted that the Delhi High Court is in a better position to address the practical elements of the dispute, even if he acknowledged the urgency.
The Supreme Court stated that tangible evidence would probably need to be examined in order to resolve the dispute, which is more realistic at the High Court level.
The Supreme Court bench ruled, "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."
The Supreme Court not only transferred the petitions but also disclosed that it had received a letter about the election process from Justice Talwant Singh, a former High Court judge, in a sealed cover dated May 2. To help with the impending proceedings, the bench directed that this letter be resealed and sent straight to the Chief Justice of the Delhi High Court.
The Supreme Court made it clear that it has not voiced an opinion on the merits of the tampering accusations, leaving the High Court to settle all legal issues.
However, the court mandated that additional ballot paper counting be completely halted until the Delhi High Court renders its final ruling in order to maintain the status quo and avoid any tainted results.
