12.11.2012 Mr. P. P. Rao, Member, Implementation Committee, Supreme Court Bar Association, New Delhi. Dear Mr.

Rao Sahib, I am writing this letter to you to inform you that my name has not been included in the proposed voters’ list inspite of the fact that I deposited the requisite questionnaire duly filled in with requisite supporting documents vide Serial No. 2366 on 24.8.2012. As you may be aware, I am entitled to be in the voters’ list under at least two categories stated as follows: (4) Members representing or appearing for the State Governments or the Central Govt. I have been representing Govt. of Punjab as Additional Advocate General in Supreme Court, Govt. of Haryana as Senior Additional Advocate General, and Govt. of Tamil Nadu as Additional Advocate General of Tamil Nadu in Supreme Court. Besides, I am Senior Counsel for Govt. of India. I am having more than 50 appearances on behalf of different Governments in Supreme Court during 2009, 2010 and 2011. (6) Senior Advocates residing in Delhi, Gurgaon, Noida, Faridabad and Ghaziabad I have been designated Senior Advocate by Sikkim High Court on 28.7.2006. I am permanent resident of Delhi having accommodation in New Rajinder Nagar, New Delhi. It appears that there is a calculated move to exclude me from the list. As you may be aware, during the last elections of SCBA for the post of President, I was wrongfully declared defeated by two votes. My request for recounting, made even before announcement of results, was not entertained. I had specifically alleged that 30 votes were put in each EVM before the commencement of official timings of polling. There were 11 EVMs. Thus there was bungling of 330 votes in favour of the winning candidate. Yet, the recounting was not done as the concerned officials holding the elections were influenced by the winning candidate. You may be also aware that the EVMs were returned back inspite of the specific directions of the Hon’ble High

Court of Delhi passed in a suit challenging the elections by some candidates. I suspect foul play in the deliberate and mischievous exclusion of my name from the voters list. You are requested to take corrective measures, include my name in the voters list, and initiate an inquiry into the failure of the concerned persons to include my name in the list. I reserve my right to challenge the correctness of voters’ list in appropriate legal proceedings. For ready reference, I am enclosing herewith photocopy of my questionnaire which was submitted on 24.8.2012 vide Serial No. 2366. I am ready to supply all the proofs regarding my eligibility under above two catagories, after hearing from you (which I already attached alongwith questionnaire on 24.8.2012) I understand that you have also included the names in the proposed voters list, of those members who have voted in elections of Bar Association of India and Supreme Court Advocate on Record Association. Kindly remove their names in the list.

Yours truly, (Dr. Adish C. Aggarwala) Senior Advocate DS-423/424, New Rajinder Nagar, New Delhi-110060 Encl.: Copy of questionnaire

4.12.2012 The Chairman, Election Committee, Supreme Court Bar Association, New Delhi. Subject: Withdrawal of nomination from the post of President, SCBA on account of illegalities and irregularities in the conduct of election. Dear sir, The Supreme Court Bar Association has been hijacked by certain members of the Bar who are trying to gain personal profit from the resources of the Association and the contributions (subscription fee) of lawyers. As a matter of fact, the Executive Committee stands dissolved after May, 2012 (after lapse of one year from the date of election). The present executive committee headed by Mr. P. H. Parekh is in office since May 2011 although the tenure of Presidentship of Mr. P.H. Parekh has long expired in May 2012. In this disingenuous manner, he has ensured that his control over the Association continues even though he does not have the mandate of the members of the Association. Resultantly, the affairs of the Association are being managed by directions of Hon’ble Supreme Court of India (Bench headed by Hon’ble Mr. Justice Altamas Kabir who, according to my information, happens to be Vice-President of International Institute of Human Rights Society (IIHRS) while Mr. Parekh is Hon’y Secretary of IIHRS) rather than by a democratic process involving the wishes of its members. The acts of the Implementation Committee are fraught with illegalities and irregularities. Certain members whose names are not supposed to figure in the voters’ list as per judgment passed by Hon’ble Supreme Court of India in the case of SCBA Vs. B.D. Kaushik are still included. No action was taken by the Implementation Committee on my letter dated 12.11.2012 requesting removal of these names. The Implementation Committee had intentionally not removed the names of certain members who have voted in other Bar Associations and also that of who have not deposited their subscription upto 29.2.2012. This mischief was carried out by the Implementation Committee with the misconceived motive of getting the elections postponed in order to enable Mr. P.H. Parekh to continue as President of SCBA upto May 2013. It appears that the Implementation Committee is hoping that Mr. Parekh will manage some affected members of SCBA to approach the Hon’ble Supreme Court for staying the election as their names have been removed

from the voters list that too after acceptance of nomination papers for posts of the SCBA. It is being emphasized that Mr. P.P. Rao is the Treasurer of International Institute of Human Rights Society (IIHRS) while Mr. K.K. Venugopal is the Executive Committee Member of the same. Though I do not wish to cast aspersions on anybody, it is worth noting that Hon’ble Supreme Court of India (Bench headed by Hon’ble Mr. Justice Altamas Kabir) reversed the Judgment passed by Hon’ble Supreme Court of India (Bench comprising Hon’ble Mr. Justice J.M. Panchal and Hon’ble Mr. Justice H.L. Gokhale) which permitted Mr. P.P.Rao and Mr. P.H.Parekh to obtain voting rights. The said two advocates did not have voting rights in accordance with the decision of Bench comprising Mr. Justice J.M. Panchal and Mr. Justice H.L. Gokhale, which gave such rights only to inter alia advocates residing in Delhi/New Delhi and having 50 appearances each year for the last two years. Mr. Rao is residing in NOIDA and as per my information Mr. Parekh was not having 50 appearances in Supreme Court in each year. This is for the first time in the history of Supreme Court Bar Association that the office bearers of the SCBA including Mr. Parekh were directed by the Hon’ble Supreme Court (the bench headed by Hon’ble Mr. Justice Altamas Kabir) to continue to function as office bearers of SCBA till the next elections are held. It is also strange that patent illegalities are being committed by Senior Advocates in the Implementation Committee, who on the contrary should be zealously guarding the legal mechanism for conduct of elections. This is for the first time in any eIection that members are asked to file nomination papers at a time when the final voters list has not been issued. In the result, a person filing the nomination may later realize that he has no right to contest the election like one Mr. C.P.Yadav. This is manifestly illegal. In the present SCBA election, a purported Final List of voters for the Election of the office bearers of the SCBA for the year 2012 – 2013 declares: “(1) This list is subject to the Annual Subscription fee having been paid on or before 29th February, 2012. (2) This list is subject to Permanent Declaration being given by all members whose names are included in the List.” You will appreciate that all three members of the Implementation Committee are designated senior advocates and two of them remained Presidents of the SCBA, will not commit such illegality. I apprehend that such illegality has been committed intentionally so that some member either makes a representation to the Implementation Committee, Election Committee or the Hon’ble Supreme Court, to stay the election and allow the present Executive

Committee to continue in office till May, 2013 as the said Implementation Committee has not issued the final list of voters at the time of filing of nomination papers and that after filing of nomination papers, the names of about 200 members have been removed from the alleged voters list. I do empathize with Mr. P.H.Parekh who was vigorously campaigning for the post of Presidentship of SCBA for the last many months and who had even requested for votes on Facebook, has decided not to run for Presidentship after the Implementation Committee finally failed to remove my name from the voters list. You may be aware that in the first proposed list of voters, my name was not mentioned. It is only when I submitted a representation alongwith notification of designation of Senior Advocate and copy of my duly filled in questionnaire, my name was included in the voters List. After inclusion of my name in the voters list and my declaration that I am contesting for the post of Presidentship, Mr. P.H. Parekh decided not to contest the election. In view of the above illegalities, which have reduced the electoral process to a mockery, and that Mr. Parekh is not contesting for the Presidentship, I have decided not to contest for the post of Presidentship of SCBA and hereby withdraw my candidature. Kindly accept the withdrawal of my nomination papers submitted in this regard. I also humbly request you to not to make public this letter except the certain words regarding withdrawl of my candidature. Thanking you, Yours sincerely, (Dr. Adish C Aggarwala) Senior Advocate DS-423/424, New Rajinder Nagar New Delhi-110060

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