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Election LawSupreme Court of India

State Election Commission vs Shakti Singh Barthwal & Anr.

Not available · 2025 INSC 1261Decided 28 Oct 2025
Not available
Justice Vikram Nath

Background

The State Election Commission of Uttarakhand had earlier filed a Special Leave Petition against a Uttarakhand High Court interlocutory order that stayed a clarification issued by the Commission. On 26.09.2025, the Supreme Court dismissed that petition with costs of Rs. 2,00,000 after its counsel, despite being told at least six times that the Court saw no reason to interfere, kept insisting the Court pass some order. The Commission then filed this Miscellaneous Application asking the Court to expunge its critical remarks about counsel's conduct and waive the costs imposed.

Decision Breakdown

The Court heard the applicant's counsel, who tendered an unconditional and bona fide apology, backed by assurances from senior members of the Bar (Mr. Vikas Singh, Senior Advocate, and Mr. Vipin Nair, Advocate) that such conduct would not recur. The Court reiterated that once it has indicated its mind on a matter, counsel are expected to respect that and not persist, since orderly functioning of the Court depends on the Bench and Bar working in harmony. Considering that this was the counsel's first such incident before the Bench and given the sincere apology, the Court allowed the application, deleting both the adverse remarks and the Rs. 2 lakh cost, but cautioned that such conduct must not be repeated.

Lesson Learnt

Lawyers must respect a court's clearly expressed inclination during arguments rather than persisting regardless; while courts can show leniency for a first, genuinely apologetic lapse, repeated defiance of the Bench risks real costs and censure.

State Election Commission vs Shakti Singh Barthwal & Anr. – Legal Case Shots | LegalAware