C.Palanisamy v. The Chairman

2025:MHC:284

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.01.2025 CORAM :

THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HON'BLE MR.JUSTICE M.JOTHIRAMAN C.Palanisamy ..

Petitioner v.

1. The Chairman Bar Council of Tamil Nadu and Puducherry High Court Campus Chennai 600 104

2. The President Bar Association Ariyalur District Court Campus Its Registration No.45 Ariyalur, Ariyalur District

3. Mr.Manokaran, Advocate ..

Respondents Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the 1st respondent to conduct the election for the 2nd respondent, The Bar Association, Ariyalur, it's

registration No.45.

For Petitioner ::

Mr.S.Selvaraj For Respondents ::

Mr.C.K.Chandrasekkar Standing Counsel for R1/BCT Mr.S.Shivram for R2 & R3

ORDER

(Order of the Court was made by S.M.SUBRAMANIAM,J.) The writ of mandamus has been instituted to direct the first respondent to conduct election for the second respondent/Bar Association, Ariyalur, which is registered under the Tamil Nadu Societies Registration Act.

2. The second respondent Bar Association is recognized by the first respondent/Bar Council of Tamil Nadu and Puducherry. They are occupying the building in the Court complex allotted by the District Judicial Administration. Therefore, the second respondent Association is accountable both for the Bar Council of Tamil Nadu and Puducherry and to

the Judicial Administration. The affairs of the Bar Association must be in conformity with the provisions of the Tamil Nadu Societies Registration Act, Advocates Act, Bar Council Rules and also the statute and the circulars issued by the State Judiciary. In the event of any violation, the Bar Council of Tamil Nadu and Puducherry or the Judicial Administration is empowered to initiate action to vacate the second respondent Association from the District Court campus. The elections are conducted as per the bylaws strictly. There shall not be any delay in conducting the elections as per the bylaws. The petitioner made a complaint that the elections are not conducted properly. Several other allegations are raised and the petitioner is at liberty to pursue those allegations before the District Registrar under the Tamil Nadu Societies Registration Act or before the competent forum in the manner known to law.

3. As far as the present writ petition is concerned, Mr.C.K.Chandrasekkar, learned counsel appearing on behalf of Bar Council of Tamil Nadu and Puducherry would submit that after complying with the requirements of 1/1 vote, elections will be conducted to the second

respondent Association. He also brought to the notice of this Court that as per Rule 6 of the Certificate and Place of Practice (Verification) Rules, 2015, each Bar Association has to submit necessary particulars of its members to the first respondent.

4. The second respondent is directed to comply with the procedures mandated by the Bar Council of Tamil Nadu and Puducherry within a period of four weeks from the date of receipt of a copy of this order. On such compliance, the first respondent is directed to notify the election schedule and conduct election by appointing election commissioners from Ariyalur or from nearby Bar Associations, as the case may be, and complete the process of election within a period of two months from the expiry of one month period granted to the second respondent for complying with the procedures.

5. In the event of not complying with the procedures mandated by the Bar Council of Tamil Nadu within a period of one month by the second respondent, the first respondent is directed to appoint ad hoc committee for complying with the procedures, so as to complete the election process

within the time limit stipulated in this order. With these directions, the writ petition stands disposed of. Consequently, W.M.P.No.1825 of 2025 is closed. No costs.

Index : yes (S.M.S.,J.) (M.J.R.,J.) 29.01.2025 ss To

1. The Chairman Bar Council of Tamil Nadu and Puducherry High Court Campus Chennai 600 104

2. The President Bar Association Ariyalur District Court Campus Ariyalur, Ariyalur District

S.M.SUBRAMANIAM,J.

AND M.JOTHIRAMAN,J.

ss 29.01.2025