E.Venkatesan v. M/S.The Bar Council Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.06.2025 CORAM :
THE HONOURABLE MR. JUSTICE M.S.RAMESH AND THE HONOURABLE MR. JUSTICE V. LAKSHMINARAYANAN and W.M.P.Nos.22653 & 22654 of 2025
1. E.Venkatesan S/o.Egambaram, Ex President M/s.Poonamallee Bar Association, (criminal Courts) Regd No.40/1991, Poonamallee Combined, Courts Campus, Poonamallee.
...Petitioner
Vs.
1. M/s.The Bar Council Of Tamil Nadu Rep. By Its Secretary, High Court Buildings, Chennai-104.
2.M/s.Poonamallee Bar Association, (crimnal Courts) Regd No.40/1991, Rep. By Its President, Election Officer, Poonamallee Combined, Courts Campus, Poonamallee ... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus, directing the respondents to recall the Election Notification dated 02.06.2025, enlist the erstwhile members before issuing fresh notification adhering to the election rule consequentially.
For Petitioner : Mr.R.Udahaya Kumar For Respondent : Mr.C.K.Chandrasekar for R1 Ms.Gopika for R2
ORDER
Challenging the election notification dated 02.06.2025 issued by M/s.Poonamallee Bar Association, (Criminal Courts), Regd No.40/1991, the second respondent herein with a consequential prayer for enlisting the erstwhile members, the Writ Petition has been filed.
2. Pending the Writ Petition, this Court, by an interim order dated 12.06.2025, directing the second respondent to issue a fresh election notification on 16.06.2025, modifying the schedule fixed in the original notification dated 02.06.2025 in the following manner: "By an earlier order dated 05.06.2025, we had
stayed the original Election Notification dated 02.06.2025 and permitted 76 members to pay their subscription to the 2nd respondent / Association and had also permitted any other member to pay the subscription to the 2nd respondent / Association. In accordance with the directions, it is now reported by the learned counsel for the 2nd respondent that 120 members had paid their subscription.
2.Thereafter, when the writ petition was listed on 11.06.2025, we had called upon the Bar Council to verify the number of eligible voters out of the 120 members paid in the 2nd respondent / Association. 3.Today, Mr.C.K.Chandrasekar, learned counsel for the 1st respondent had handed over a list of eligible voters in the 2nd respondent / Association. As per the said list, among the 120 members who have paid the subscription pursuant to the interim orders, 78 members have been held to be eligible voters. According to him, among the total 457 members of the Poonamallee Bar Association (Criminal Courts), 328 Advocates have opted for voting rights at Poonamallee Bar Association. 129 members have been declared as ineligible, owing to certain defects in the applications. The details of the defects pointed out have also been
circulated to the learned counsels for the petitioner as well as the 2nd respondent.
4.It is hereby clarified that all the 328 eligible members of the 2nd respondent / Association including the 78 persons, who have been recently paid the subscription shall be eligible to contest / cast the votes. 5.Since the original dates for election have lapsed, we are of the view that the 2nd respondent can be directed to issue a fresh Notification in the following lines. The 2nd respondent herein shall forthwith issue the Election Notification on 16.06.2025 with the following schedule:
Sl.
No.
Description Date Time 1.
Date of filing of Nomination 18.06.2025 From 10.00 AM to 05.00 PM 2.
Date of withdrawal of Nomination 19.06.2025 From 10.00 AM to 05.00 PM 3.
Date of Election 20.06.2025 From 10.00 AM to 05.00 PM 4.
Date of Result 20.06.2025 From 06.00 PM onwards 6.Since we intend to monitor the conduct of the elections, we hereby appoint Mr.S.Sivashanmugam, Advocate, Madras Bar Association, Chennai, to
oversee the entire election process and submit a report before us in the next hearing. The Bar Council / 1st respondent shall pay the honorarium of Rs.1,00,000/- (Rupees One Lakh Only) to Mr.S.Sivashanmugam, preferably before the conduct of election.
7.Call the matter on 24.06.2025."
3.Pursuant to the aforesaid order, Mr.S.Sivashanmugam, Advacate, Bar Association, Chennai, acted as an overseer and filed the election report dated 23.06.2025. As per the said report, the entire election process was conducted in accordance with the schedule fixed by this Court, as extracted above, and it was reported that the election concluded peacefully, with the successful candidates being declared elected to their respective posts.
4. This Court appreciates Mr.S.Sivashanmugam, Advocate, Bar Association, Chennai for successfully overseeing the entire election process and contributing to its peaceful completion.
5. In view of the above developments, no further orders are required to be passed in the Writ Petition. Hence, the Writ Petition stands closed. Consequently, connected miscellaneous petitions are closed.
[M.S.R., J] [V.L.N., J] 24.06.2025 Index: Yes/No Speaking/Non-speaking order Anu To
1. M/s.The Bar Council Of Tamil Nadu Rep. By Its Secretary, High Court Buildings, Chennai-104.
2.M/s.Poonamallee Bar Association, (crimnal Courts) Regd No.40/1991, Rep. By Its President, Election Officer, Poonamallee Combined, Courts Campus, Poonamallee
M.S.RAMESH, J.
and V. LAKSHMINARAYANAN , J.
Anu and W.M.P.Nos.22653 & 22654 of 2025 24.06.2025