The Supreme Court on Thursday declined to entertain an appeal filed by advocate Chetan Verma challenging the decision to hold an election to fill a casual vacancy in the Bar Council of Punjab and Haryana following the recommendation for the elevation of an elected member, Minderjeet Yadav, as a judge of the Punjab and Haryana High Court.
A bench comprising Justice Vikram Nath, Justice Sandeep Mehta and Justice Aparesh Kumar Singh was hearing the matter.
The petitioner had challenged an October 9 order passed by Election Tribunal No. 2 at New Delhi, which rejected his plea seeking to be declared a member of the Bar Council against the vacancy arising after Justice Minderjeet Yadav’s elevation was recommended. The appeal was filed under Section 38 of the Advocates Act, 1961.
The petitioner had contested the Bar Council of Punjab and Haryana elections held in March 2026. He claimed that he had secured the highest number of votes among the unsuccessful candidates and had not been eliminated during the counting process. Following the recommendation for Yadav’s elevation, he argued that he was entitled to fill the resulting vacancy, contending that the election process had not been fully completed when the vacancy arose. The Election Tribunal rejected his claim, holding that the vacancy was a casual vacancy governed by Rules 45 and 46 of the applicable election rules. It found that the rules did not provide for the automatic induction of the highest unsuccessful candidate and the vacancy had to be filled through the prescribed election process.
The Tribunal also vacated its interim order restraining the Bar Council from filling the vacancy, permitting it to proceed in accordance with law and the directions issued by the Supreme Court.
Yesterday, the CJI bench had agreed to list the matter. However, today the bench has dismissed the petition as withdrawn.
On the casual vacancy which was contested, Advocate Asmi was declared elected. Since no other candidate filed a nomination by the deadline of October 26, Asmi was declared elected unopposed after the period for withdrawal of nominations expired.