C.R.Tamilselvan v. Bar Council Of India Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.03.2018

CORAM:

THE HONOURABLE MR.JUSTICE C.T.SELVAM and THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR WP.No.6597 of 2018 and WMP.No.8197 of 2018 C.R.Tamilselvan ... Petitioner -Vs1.Bar Council of India, rep. By its Secretary, No.21, Rouse Avenue Institutional Area, New Delhi-110 002.

2.Bar Council of Tamil Nadu and Puducherry, rep. By its Secretary, High Court Campus, Chennai-600 104.

3.R.Ayyavoo ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the Respondents 1 and 2 herein to take action against the 3rd Respondent as per the provisions of the Advocates Act, 1961 from contesting the Bar Council Election to be held on 28.03.2018 in the light of petitioner representation dated 02.03.2018.

For Petitioner :

Mr.A.Damodaran For Respondents:

Mr.S.R.Raghunathan & Ms.Vaishali for R1

ORDER

[Order of the Court was made by C.T.SELVAM, J.] Petitioner seeks direction to Respondents 1 and 2 herein to take action against the 3rd Respondent as per the provisions of Advocates Act, 1961 from contesting the Bar Council Election to be held on 28.03.2018 in the light of petitioner's representation dated 02.03.2018. https://hcservices.ecourts.gov.in/hcservices/

2. Heard learned counsel for petitioner and learned counsel appearing for first respondent.

3. Learned counsel for Petitioner informs that third respondent is ineligible to conduct Elections and alleges that he is involved in several businesses as also has criminal antecedents. Learned counsel submits that petitioner has made a representation to the Returning Officers on 02.03.2018, but is yet to have a response.

4. Admittedly, the Elections to the Bar Council of Tamil Nadu and Puducherry are to be held on 28.03.2018. We fail to see what prevented the petitioner from making his representation to the Returning Officers on an earlier date. In any event, we have no reason to think that the representation of the petitioner would not be duly considered by the Returning Officers. Given such position, this Court is not inclined to entertain the present writ petition and accordingly, the same shall stand dismissed. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS-VIII) //True Copy// Sub Assistant Registrar kmi To:

1.The Secretary, Bar Council of India, No.21, Rouse Avenue Institutional Area, New Delhi-110 002.

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

+ 1 cc to M/s.A. Damodaran, Advocate SR.25589 WP.No.6597 of 2018 PPA(CO) EU(11/04/2018) https://hcservices.ecourts.gov.in/hcservices/