N.Sowndarkumar v. The Secretary

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.07.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE and W.M.P.(MD)No.15390 of 2025 N.Sowndarkumar ... Petitioner Vs.

1.The Secretary, Bar Council of India, 21, Rouse Ave Institutional Area Road, Near Bal Bhawan Rouse Avenue, Mata Sundari Railway Colony, Mandi House, New Delhi-110002.

2.The Secretary, Bar Council of Tamil Nadu and Puducherry, Madras High Court Complex, NSC Bose Road, Chennai.

3.The Chief Election Officer, Madurai Bar Association, Madurai District Complex, Madurai-20.

...Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 2nd respondent to include the name of the 1/4

petitioner in the eligible voter list of the Madurai Bar Association for the upcoming Association Election, based on AIBE pass result dated 21.03.2025 and the representation submitted by the petitioner dated 18.07.2025. For Petitioner : Mr.V.S.Karthi, for M/s.V.S.Karthi Associates For R2 : Mr.K.R.Laxman, Standing Counsel For R3 : Mr.S.Mahendrapathy

ORDER

(Order of the Court was made by S.M.SUBRAMANIAM, J.) The Writ on hand has been instituted to direct the 2nd respondent to include the name of the petitioner in the eligible voter list of the Madurai Bar Association for the upcoming Association Election, based on All India Bar Examination (AIBE) pass result dated 21.03.2025 and the representation submitted by the petitioner dated 18.07.2025. 2.The learned Standing Counsel appearing for the 2nd respondent would submit that the petitioner has passed AIBE even prior to his enrollment, which is permissible under the Bar Council of India Rules. Since he passed the said 2/4

examination prior to his enrollment, his enrollment number was not mentioned in the result list of AIBE. However, he would submit that the petitioner is an eligible member and Advocate and his enrollment number is MS 6401/2024 and the date of enrollment is 24.10.2024.

3.Since the learned Standing Counsel for the 2nd respondent has made a submission that the enrollment of the petitioner is valid and there is no impediment to become a member of the Bar Association and to participate in the election, this Court is of the considered opinion that the petitioner shall also be permitted to participate in the election of Madurai Bar Association, which is scheduled to be held on 08.08.2025.

4.With the above observation, this Writ Petition is allowed. No costs. Consequently, connected miscellaneous petition is closed. (S.M.S., J.) & (A.D.M.C., J.) 22.07.2025 NCC : Yes / No Index : Yes / No Yuva 3/4

S.M.SUBRAMANIAM, J.

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

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