B.Gnanavinothan v. The Secretary

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.06.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE and W.M.P.(MD)Nos.5170 & 5171 of 2025 B.Gnanavinothan ... Petitioner Vs.

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

2.The Dindigul Bar Association, Rep., by its Secretary, Dindigul District Court Campus, Dindigul.

3.V.Arumugam

...Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned notice issued by the 3rd respondent vide his proceedings Nil, dated 28.02.2025 and quash the same and consequently, to direct the 3rd respondent to 1/4

allow the petitioner to contest the Post in E.C.Member Post in Dindigul Bar Association for the year 2025-2026.

For Petitioner : Mr.N.Balasubramanian For R1 : Mr.Niranjan S.Kumar For R2 : Mr.D.Venkatesh For R3 : No Appearance

ORDER

(Order of the Court was made by S.M.SUBRAMANIAM, J.) The rejection of nomination to contest election issued by the 3rd respondent in proceedings dated 28.02.2025 is under challenge in this Writ Petition.

2.Admittedly, it is an election dispute. Elections are to be conducted strictly in accordance with the by-laws of the association as approved by the authority under the provisions of the Tamil Nadu Societies Registration Act, 1975. The Bar Council of Tamil Nadu and Puducherry is also empowered to issue guidelines and instructions for conducting election in accordance with the by-laws. Since the 2nd respondent Association is recognized by the Bar Council of Tamil Nadu and Puducherry, the rules and regulations and guidelines issued by the 2/4

Bar Council of Tamil Nadu and Puducherry would also apply to the 2nd respondent.

3.However, the election dispute cannot be adjudicated in a Writ Petition. More so, the 2nd respondent Association is a registered society and governed by its own by-laws. Therefore, the petitioner is at liberty to approach the jurisdictional civil Court for the purpose of adjudication of the election disputes in the manner known to law. Accordingly, this Writ Petition is dismissed. If any irregularities in the matter of election, he is at liberty to approach the Bar Council of Tamil Nadu and Puducherry or the civil Court as the case may be. No costs. Consequently, connected miscellaneous petitions are closed. (S.M.S., J.) & (A.D.M.C., J.) 17.06.2025 NCC : Yes / No Index : Yes / No Yuva 3/4

S.M.SUBRAMANIAM, J.

AND DR.A.D.MARIA CLETE, J.

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