Dushyant Dave resigns as SCBA president post disagreement over conduct of virtual election

On Thursday, senior advocate Dushyant Dave stepped down as the president of the Supreme Court Bar Association with immediate effect. In December 2019, he emerged as the winner in the election to the post of SCBA president by securing 850 votes in contrast to senior advocate Vikas Singh who bagged 699 votes. In a letter addressed to the Executive Committee of the SCBA, Dave stated, "I feel that I have forfeited my right to continue as your leader". 

Mentioning that the term of the office-bearers had already come to an end, he noted that some lawyers had expressed reservations over the decision to hold virtual polls to elect a new body. Highlighting that it is not possible to conduct the polls as per the schedule declared by the Election Committee of the association, the senior advocate said that it is morally incorrect for him to continue in his position in the present circumstances. In a parting message, Dave profusely thanked all the members of the Executive Committee for their immense contribution during the COVID-19 period. 

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What is the SCBA?

Some of the aims of the SCBA include the promotion of upholding rule of law, encouraging the profession in India, expressing an opinion on proposed legislation and promotion of co-operation among advocates practising in the court. The affairs of the association are managed by the Executive Committee comprising the President, vice president, secretary, assistant secretary, treasurer, assistant treasurer and 15 members, of whom at least 6 shall be senior advocates. The election to the association is conducted by a three-member Election Committee nominated by the Executive Committee. The office-bearers of the SCBA are elected by secret ballot and cannot hold any office for more than two consecutive years. 

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Dave's involvement in farm laws case

Recently, Dave was a part of the team of lawyers including Prashant Bhushan, HS Phoolka and Colin Gonsalves which represented few farmers' unions in the Supreme Court that was hearing pleas challenging the farm laws and those seeking the removal of protesters from the Delhi borders. When Attorney General KK Venugopal raised apprehension about the intention of the farmers to disrupt the Republic Day parade, Dave stoutly denied that a tractor rally would take place. He informed the court that that at least one member of the family of each of the farmers from Punjab is in the Army and that they would not disrupt the celebrations on January 26.

However, this team of lawyers remained absent on Tuesday when the apex court passed its order. Moreover, Dave's assertion was not backed by the farmers' unions who have made it clear that they shall go ahead with the tractor march on Republic Day. The SC has stayed the implementation of the agrarian laws and formed a 4-member committee to resolve the standoff between the farmers and the Centre. 

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