Ashokan.M v. The Secretary To Government

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.04.2023

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and W.M.P.(MD) Nos.8163 & 8164 of 2023 M.Ashokan ... Petitioner -vs1.The Secretary to Government Bar Council of Tamilnadu & Puducheri High Court Campus Chennai-600 014 2.The District Registrar (Societies) Registration Department Integrated Court Campus Pudukottai District 3.The Pudukottai Bar Association rep.by its Secretary District Court Building Pudukottai 4.The Election Officer Pudukottai Bar Association District Court Building Pudukottai Pudukottai District ... Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of certiorarified mandamus challenging the impugned notification of the fourth respondent herein to conduct Pudukottai Bar Association Election which was not given are displayed in the notice board and published in the News Paper on 01.04.2023 citing that the election to be held on 23.04.2023 at 09.00 a.m. and also the General Body of the year ending will be conducted on the same date i.e. on 23.04.2023 for submitting the accounts for the year 2022-23 to quash the same and further seeking direction directing the respondents to conduct the election of Pudukottai Bar Association, with in prescribed time as fixed by this Court by following (i) After renewal of the Registration before the District Registrar, so far it is not renewed.

(ii) To conduct the election according to the amended ByeLaw as per the valid resolutions passed on 22.03.2017. (iii) To conduct the election with strict adherence of the rules of Bar Council of Tamilnadu, by preparing proper electoral roll and by following one bar one vote which has to be verified by the Bar Council of Tamilnadu and to upload in the website of Bar Council of Tamilnadu

(iv) A retired district Judge has to be appointed for the election 2023-24 as on observer with the help of the first respondent to conduct the election right from the preparation of election rolls upto the announcing of successful candidates.

For Petitioner :

Mr.R.Anandharaj For Respondents :

Mr.K.R.Laxman for R1 Mr.M.Prakash Additional Government Pleader for R2

O R D E R

[Order of the Court was made by R.SUBRAMANIAN, J.] Mr.K.R.Laxman, learned counsel, takes notice for the first respondent and Mr.M.Prakash, learned Additional Government Pleader, takes notice for the second respondent.

2. The petitioner challenges the notification issued by the Advocates Association, Pudukkottai, for conduct of election.

3. It is the claim of the petitioner that there is no proper voters list and the members have not exercised their option under One Bar One Vote scheme.

4. Learned counsel appearing for the first respondent would submit that the members have exercised their option and 466 members have submitted certificate of practice.

5. In view of the above and the fact that the election process has already begun, we do not think that we can entertain this writ petition at this stage. The writ petition is, therefore, dismissed with liberty to the petitioner to challenge the election in the manner known to law. No costs. Consequently, connected miscellaneous petitions are closed. [R.S.M., J.] [L.V.G., J.] 19.04.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No krk

To:

The District Registrar (Societies), Registration Department, Integrated Court Campus, Pudukottai District.

R.SUBRAMANIAN , J.

and L.VICTORIA GOWRI , J.

krk and W.M.P.(MD) Nos.8163 & 8164 of 2023 19.04.2023