Madras High CourtWP/1386/2018dismissed as infructuous

S.Siva Shanmugam, v. The Bar Council Of India,

2018-04-02Honourable The Chief Justice,Honourable Mr Justice A. Selvam3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.04.2018

CORAM

The HON'BLE MS.INDIRA BANERJEE, CHIEF JUSTICE AND The HON'BLE MR.JUSTICE A.SELVAM W.P.No.1386 of 2018 and WMP.No.1754 of 2018 S.Siva Shanmugam .. Petitioner vs.

1.The Bar Council of India, rep. by its Secretary, 21, Rouse Avenue, Institutional Area, Near Bal Bhawan, New Delhi - 110 001.

2.The Bar Council of Tamil Nadu & Puducherry, rep. by its Secretary, NSC Bose Road, Chennai - 600 001.

3.The Special Committee, The Bar Council of Tamil Nadu & Puducherry, NSC Bose Road, Chennai - 600 001.

4.Mr.Vijay Narayan, Advocate General & Ex-officio Chairman, The Bar Council of Tamil Nadu & Puducherry, O/o. Advocate General, Madras High Court, Chennai - 600 104.

5.Mr.R.Singaravelan, Senior Advocate & Member, Special Committee, The Bar Council of Tamil Nadu & Puducherry, NSC Bose Road, Chennai - 600 001.

6.Mr.N.Chandrasekaran, Advocate & Member, Special Committee, The Bar Council of Tamil Nadu & Puducherry, NSC Bose Road, Chennai - 600 001.

.. Respondents

PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of a writ of mandamus appointing a Retired Judge of this Hon'ble Court as an Election Commissioner to the Bar Council of Tamil Nadu and Puducherry to forthwith take charge, oversee and monitor the ensuing elections to the State Bar Council with charge of supervising and monitoring the entire process under the orders of this Hon'ble court, till the declaration of results and further constitute an Electoral Tribunal headed also by a Retired High Court Judge to decide on complaints and any challenges to the election results with such guidelines as may be laid by this Hon'ble Court to be followed by the Election Commissioner, more particularly empowering the Election Commissioner to (1) take all steps for holding free and fair elections; (2) power to countermand the voting in particular booths (3) cancel the votes, in case of any malpractices, (4) disqualify any candidates found to be indulging in corrupt practices and (5) such other powers.

ORDER

(Made by Ms.Indira Banerjee, Chief Justice) The writ petition has become infructuous, as the Bar Council election has already been held on 28.03.2018.

2. The writ petition is, accordingly, disposed of as infructuous. No costs. Consequently, WMP.No.1754 of 2018 is closed.

Sd/- Assistant Registrar(CS VI) //True copy// Sub Assistant Registrar bbr To:

1.The Secretary, Bar Council of India, 21, Rouse Avenue, Institutional Area, Near Bal Bhawan, New Delhi - 110 001.

2.The Secretary, Bar Council of Tamil Nadu & Puducherry, NSC Bose Road, Chennai - 600 001.

3.The Special Committee, The Bar Council of Tamil Nadu & Puducherry, NSC Bose Road, Chennai - 600 001.

4.Mr.Vijay Naryan, Advocate General, State of Tamil Nadu cum Ex-officio Chairman, The Bar Council of Tamil Nadu & Puducherry, O/o. Advocate General, Madras High Court, Chennai - 600 104.

+1cc to Mr.S.R.Raghunathan, Advocate SR.No.24902 W.P.No.1386 of 2018 KJ(CO) GN(16/04/2018)