Thamil Kumaren.R v. The Secretary

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.12.2022

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN and THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD W.P(MD)Nos.23495 and 23914 of 2022 and W.M.P.(MD) No.17981 of 2022 in W.P.(MD) No.23914 of 2022 and W.M.P.(MD) No.18530 of 2022 in W.P.(MD) No.23495 of 2022 WP(MD) No.23495 of 2022:

R.Thamil Kumaren ... Petitioner Vs.

1.The Secretary, Bar Council of Tamil Nadu and Pondicherry, High Court Campus, Chennai - 600 014.

2.The Election Officer, Devakottai Bar Association, Sivagangai District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 1st respondent to conduct the election to the members of Devakottai Bar Association in a fair and peaceful manner by following the rules and regulations as per the bylaw of Devakottai Bar Association for the year of 2022-2023 by the way of appointing a retired Judge of the District Court right from the preparation of electoral rolls up to the announcing of successful candidates.

1/12

For Petitioner : Mr.Rathinam for M/s.R.Venkatesan For 1st Respondent : Mr.Niranjan S.Kumar Standing Counsel For 2nd Respondent : Mrs.AL.Gandhimathi WP(MD) No.23914 of 2022:

1.A.Ganesan 2.V.Rajamanickam 3.A.R.Palaniappan 4.B.Asaithambi 5.M.Periasamy 6.V.Asokan 7.V.Karthikeyan 8.S.Balasubramanian ... Petitioner Vs.

1.The Bar Council of Tamilnadu and Puducherry, Rep. by its Secretary, High Court Campus, Chennai - 600 104.

2.The District Registrar (Societies), Registration Department, Karaikudi - 630 002, Sivagangai District.

3.The Devakottai Bar Association, Rep. by its Secretary, Sub Court Buildings, 2/12

Devakottai Extn - 630 303, Sivagangai District.

4.The Election Officer, Devakottai Bar Association, Sub Court Buildings, Devakottai Extn - 630 303, Sivagangai District.

5.K.Premchandar 6.A.Andavar 7.S.Sornaprakash 8.T.Muthukumar 9.M.Ramanathan 10.M.Baskaran 11.R.Rajapandian 12.V.Boobalasingam 13.V.Sundar 14.R.Lakshmanan 15.N.Shankar 16.M.Natarajan 17.J.Murugesan 18.A.Manivannan 19.S.Karthikeyan 20.KR.Murugesan 3/12

21.KR.Chandrabose 22.C.Lenin Bharathi 23.M.Sornalingam 24.B.Tamilmani 25.V.Kalyankumar 26.M.Ramya 27.R.Selvaraj 28.C.Ramesh Gandhi 29.CSC.Raja 30.R.Venkatraman 31.S.Selvaganapathi 32.S.Kumar 33.M.Muthu Natarajan 34.C.Ganesan 35.K.Periasamy 36.Murugan 37.C.Senthilkumar 38.T.Rajambal 39.C.Manikandan 40.N.Saranvan 4/12

41.K.Mohan 42.P.Kannadasan 43.Gurumoorthy 44.KR.Thiruppathi 45.S.Saravanan 46.K.Karthiyayini 47.N.Jayahari Prasath 48.R.Dhanalakshmi 49.D.Abdul Raffiah 50.VM.Asaithambi 51.A.Sankaralingam 52.M.Suresh 53.K.Vairamuthu 54.AR.Chidambaram, 55.A.Mariajeyapal 56.V.Muthurasu Pandiyan 57.U.Ilayaraja 58.C.Rajalingam 59.S.Jeeva 60.N.Ramji 61.A.Sangeetha 5/12

62.S.Palaniappan 63.M.Sudha 64.P.Kalimuthu 65.T.Renuga Devi 66.M.Karunanithi 67.S.Kamalakannan 68.S.Saravanan 69.C.Rajakumar 70.U.Nallathambi 71.AN.Muthuraman 72.K.Shanmugavelu 73.B.Thillainathan 74.G.Ramu 75.B.Siva.

76.P.Subramanian 77.M.Pasupath 78.P.Sakthivel 79.SP.Viswanathan 80.S.Rathika 81.R.Rajiv Gandhi 6/12

82.S.Karthis 83.M.Malathi 84.G.Dhivya 85.N.Arul Jeyapriya 86.B.Ramanathan 87.V.Shankara Pandiyan 88.N.Sekar 89.RM.Kavitha 90.S.Krishnan 91.S.Meenakshi Sundaram 92.R.Jansi Rani ... Respondents (R15 to R92 impleaded vide order of this Court dated 01.12.2022, made in W.M.P.

(MD) No.21139 of 2022 in W.P.(MD) No.

23914 of 2022 by RMDJ & JSNPJ) Prayer: Writ Petition filed under Article 226 of Constitution of India, praying to issue a Certiorarified Mandamus, calling for the impugned order of 5th respondent dated 11.10.2022, declaring the respondents 6 to 14 as Managing Committee of Devakottai Bar Association and quash the same as illegal and unconstitutional, consequently direct the respondents 1 to 3 to conduct the election of the Devakottai Bar Association bearing Registration No.21/2015 (old No.25/1989) by strictly following the Bye-Laws and Election Rules of Devakottai Bar Association, Sivagangai District and in 7/12

accordance with law.

For Petitioner : Mr.Rathinam for M/s.R.Venkatesan For 1st Respondent : Mr.Niranjan S.Kumar Standing Counsel For 2nd Respondent : Mr.G.V.Vairam Santhosh Additional Government Pleader For Respondents 3, 6 to 14: Mr.A.Sivasubramanian For Respondents 4 & 5 : Mrs.AL.Gandhimathi For Respondents 16 to 92 : Mr.G.Prabhu Rajadurai * * * COMMON ORDER (Order of the Court was made by R.MAHADEVAN, J.) W.P.(MD) No.23495 of 2022 has been filed by the petitioner, seeking issuance of a Writ of Mandamus, directing the 1st respondent to conduct election to the Devakottai Bar Association in a fair and peaceful manner by following the rules and regulations as per the bylaw of Devakottai Bar Association for the year of 2022-2023 by way of appointing a retired Judge of the District Court right from the preparation of electoral rolls up to the announcing of successful candidates.

8/12

2.

W.P.(MD) No.23914 of 2022 has been filed by the petitioner challenging the order of 5th respondent dated 11.10.2022, declaring the respondents 6 to 14 as Managing Committee of Devakottai Bar Association and for a direction to the respondents 1 to 3 to conduct the election of the Devakottai Bar Association bearing Registration No.21/2015 (old No.25/1989) by strictly following the Bye-Laws and Election Rules of Devakottai Bar Association, Sivagangai District and in accordance with law. 2.

Heard Mr.Rathinam, learned counsel for the petitioners in both the writ petitions, Mr.Niranjan S.Kumar, learned Standing Counsel for the 1st respondent in both the writ petitions, Mr.G.V.Vairam Santhosh, learned Additional Government Pleader, appearing for the 2nd respondent in W.P.(MD) No.23914, Mrs.AL.Gandhimathi, learned counsel appearing for the 2nd respondent in W.P.(MD) No.23495 of 2012 and respondents 4 and 5 in W.P.(MD) No.23914 of 2022, Mr.A.Sivasubramanian, learned counsel for the respondents 3 and 6 to 14 in W.P.(MD) No.23914 of 2022 and Mr.G.Prabhu Rajadurai, learned counsel for the respondents 15 to 92 in W.P.(MD) No.23914 of 2022. By consent of both parties, the Writ Petition is taken up for final disposal. 9/12

3.

After arguing for sometime, learned counsel appearing for the petitioners and the private respondents agreed to approach the 1st respondent - Bar Council of Tamil Nadu and Pondicherry regarding conduct of election to Devakottai Bar Association and any other claims thereto.

4.

Accordingly, these Writ Petitions are disposed of with a direction to the petitioners in these writ petitions to approach the 1st respondent in both the writ petitions with a detailed representation within a period of two weeks from the date of receipt of a copy of this order and if any such representation is made, the 1st respondent shall consider the same and pass appropriate orders on merits and in accordance with law, after affording an opportunity of hearing to all the parties concerned and by following due process of law within a period of four weeks from the date of receipt of the representation. While passing the orders, the 1st respondent shall consider the orders passed by this Court in Review Application No.167 of 2021, dated 14.10.2021, in the matter of K.Sathyabal v. The Chairman & Members Election Committee, N.H.A.A, Chennai.

No costs. Consequently, 10/12

connected W.M.P.(MD) No.17981 of 2022 in W.P.(MD) No.23914 of 2022 and W.M.P.(MD) No.18530 of 2022 in W.P.(MD) No.23495 of 2022 are closed. No costs.

[R.M.D., J.] [J.S.N.P., J.] 01.12.2022 Internet : Yes / No Index : Yes / No sj 11/12

R.MAHADEVAN, J.

and J.SATHYA NARAYANA PRASAD , J.

sj W.P(MD)Nos.23495 and 23914 of 2022 01.12.2022 12/12