Delhi High Court directs Bar Council of Delhi to hold elections by January 31, 2026

The Delhi High Court recently directed the Bar Council of Delhi (BCD) to ensure that its elections are conducted and concluded by January 31, 2026, in line with the Supreme Court’s recent directions on State Bar Council elections. [Zahid Ali v. Bar Council of Delhi].Justice Mini Pushkarna passed the order while disposing of a writ petition filed by Advocate Zahid Ali, who sought judicial intervention to compel the BCD to hold elections. Ali, a practising advocate and aspiring candidate, argued that the statutory five-year tenure of the BCD expired in 2023 but no elections were conducted thereafter..The Court took note of the Supreme Court’s September 24 directions in M. Varadhan v. Union of India, which required the Bar Council of India (BCI) to oversee phased elections for all State Bar Councils, with the entire process to be concluded by January 31, 2026. The apex court had observed:“Having regard to the fact that elections of the State Bar Councils have not been held for decades in some of the States, we have impressed upon… the Bar Council of India to ensure that elections of all the State Bar Councils are held, if not simultaneously, then in a phased manner, and concluded latest by 31.01.2026.”.Justice Pushkarna held that the BCD was bound to comply with these categorical directions and ordered that elections be completed within the timeline. The writ petition was accordingly disposed of..Ali’s petition highlighted that the last BCD elections were conducted in April 2018, and though the statutory five-year term ended in 2023, the present Council continued in office by repeatedly invoking the mechanism of online verification of advocates. The petition contended that the Council had issued a series of extensions - through notices dated February 29, 2024; July 27, 2024; March 31, 2025; May 19, 2025; May 31, 2025; and July 9, 2025 - each time postponing elections despite assurances that no further extensions would be granted.The petitioner argued that such continuance was contrary to Sections 8 and 8A of the Advocates Act, 1961, which limit the term of an elected State Bar Council to five years with only a six-month extension in exceptional circumstances. Section 8A provides for constitution of a Special Committee by the BCI if elections are not held within time ..The petition alleged that repeated administrative extensions had disenfranchised advocates by preventing the democratic reconstitution of the Council, violating Articles 14 and 19(1)(c) of the Constitution. It urged that elections be held without delay to restore statutory governance and confidence in the electoral process .Justice Pushkarna’s order, while relying on the binding directions of the Supreme Court, has now put the responsibility squarely on the Bar Council of Delhi to conduct its elections before January 31, 2026. The Registry has also been directed to forward a copy of the order to the BCD for compliance..Ali appeared in person. .Read Judgment