Women Advocates Association v. The Chairman

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.06.2024

CORAM

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM and THE HONOURABLE MR. JUSTICE C.KUMARAPPAN and W.M.P.Nos.1603, 1605, 4365 & 4366 of 2020 Women Advocates' Association, Tiruchirappalli, Represented by its Secretary, Mrs. T. Jayanthi Rani, D/o. Mr.P.S. Thirunavukkarasu, Having office at District Court Buildings, District Court Complex, Tiruchirappalli.

... Petitioner in both the writ petitions Vs.

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

2. The Secretary, Bar Council of Tamil Nadu and Puducherry, High Court Buildings, Chennai-600 104.

... Respondents in both the writ petitions 1/6

Prayer in W.P.No.1341/2020:- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, forbearing the Respondents from derecognizing the petitioner association. Prayer in W.P.No.3691/2020:- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorari, to call for the records of the 1st respondent resolution No.414/2019 dated 14.12.2019 and quash the same.

For Petitioner in both the writ petitions : Mr.N.Murali Kumaran, Senior Counsel, for M/s.M.C.Gan Law Firm For Respondents in both the writ petitions : Mr.C.K.Chandrasekar COMMON ORDER (Order of the Court was delivered by S.M.Subramaniam J.) The writ petition in W.P.No.3691 has been instituted challenging the Resolution No.414 of 2019 dated 14.12.2019, de-recognising the petitioner association. The petitioner is Women Advocates' Association, Tiruchirappalli, represented by its Secretary Mrs.T. Jayanthi Rani. 2/6

2. The learned Senior Counsel Mr.N.Murali Kumaran, appearing on behalf of the petitioner would contend that the petitioner Association is a registered association under the provisions of the Tamil Nadu Societies Registration Act. Currently, the petitioner Association have 221 members. They are submitting their annual returns to the District Registrar punctually. Therefore, the Bar Council of Tamil Nadu has recognised the Association initially. However, the recognition was cancelled on the ground that one member alone was in the Association at the time of verification.

3. The fact as stated by the Bar Council in the impugned order is incorrect. The learned Senior Counsel would submit that 221 members are available in the petitioner Association and they are ready and willing to establish their membership before the Bar Council for the purpose of reconsidering the decision already taken by the Bar Council through the impugned resolution dated 14.12.2019.

4. Mr.C.K.Chandrasekar, learned counsel appearing for the Bar Council of Tamil Nadu would submit that the certificate of practice is to be submitted by the individual Advocates for verification. The list of members is 3/6

to be submitted along with all particulars, enabling the Bar Council to verify the same and to reconsider the decision already taken.

5. In view of the said submission, the petitioner is at liberty to submit a representation along with the list of members and details. The certificate of practice, as stated by the Bar Council, is to be submitted individually to the satisfaction of the Bar Council and in accordance with the rules contemplated. On receipt of such application/ representation along with the details and documents, the first respondent Bar Council shall scrutinise the same and reconsider the decision already taken through the impugned Resolution No.414 of 2019 dated 14.12.2019, and pass orders afresh on merits and in accordance with law. The said exercise is directed to be completed within a period of twelve (12) weeks from the date of receipt of a copy of this order.

6. With the above directions, the writ petition in W.P.No.3691 of 2020 stands disposed of.

7. In view of the orders passed in W.P.No.3691 of 2020, no further consideration is required with reference to the relief sought for in 4/6

W.P.No.1341 of 2020, thus, it also stands disposed of. No costs. Consequently, connected miscellaneous petitions are closed. (S.M.S.J.,) (C.K.J.,) 11.06.2024 Index : Yes/No Speaking order/Non-Speaking order (sha) To

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

2. The Secretary, Bar Council of Tamil Nadu and Puducherry, High Court Buildings, Chennai-600 104.

5/6

S.M.SUBRAMANIAM, J.

and C.KUMARAPPAN, J.

(sha) 11.06.2024 6/6