Kerala High Court
Umayanalloor K. Ramachandran ... vs The Kollam Bar Association on 23 March, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 23RD DAY OF MARCH 2021 / 2ND CHAITHRA, 1943
WP(C).No.6916 OF 2021(L)
PETITIONERS:
1 UMAYANALLOOR K. RAMACHANDRAN NAIR,
AGED 75 YEARS,
S/O.KRISHNAPILLAI,
ATHIRA, UMAYANALLOOR P.O.,
KOLLAM - 691 589.
2 SHIBU B.J.,
AGED 44 YEARS,
S/O.BHASKARAN NAIR,
JAGADA VILASOM, PLAKKADU,
ADICHANALLOOR P.O.,
KOLLAM - 691 573.
3 JAYAN K.,
AGED 40 YEARS,
S/O.KARUNAKARAN,
VASANTHAM, KOTTIYAM P.O.,
KOLLAM - 691 571.
4 RAJENDRANPILLAI G.,
AGED 60 YEARS,
S/O.GOPALAPILLAI,
SREEMANDIRAM, KOTTAKKERAM,
PARIPALLY P.O., KOLLAM - 691 574.
BY ADV. SRI.T.R.RAJAN
RESPONDENTS:
1 THE KOLLAM BAR ASSOCIATION,
REPRESENTED BY ITS SECRETARY,
CIVIL STATION, KOLLAM - 691 013.
2 JINESH V.,
RETURNING OFFICER,
KOLLAM BAR ASSOCIATION,
CIVIL STATION,
KOLLAM - 601 013.
R1 BY ADV. SRI.SOORAJ T.ELENJICKAL
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
23.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.6916/2021
2
JUDGMENT
Dated this the 23rd day of March, 2021
The petitioners who are members of the Kollam Bar
Association, have filed this writ petition with the following
prayers:
"i) Issue a writ of certiorari calling for records
relating to Ext.P2 and quash the same.
ii) Issue a writ of mandamus, order or
direction or any other appropriate writ commanding
the respondents to accept the annual subscription
from the petitioners and include their names in the
voters list and allow them to participate in the voting
to election of the managing committee of the 1 st
respondent scheduled to be held on 27.03.2021.
iii) Issue a writ of mandamus, order or
direction or any other appropriate writ directing the
respondents to consider Ext.P5 request submitted
by the petitioners as expeditiously as possible within
a time frame fixed by this Hon'ble Court."
2. The respondents would submit that the election to
the Bar Association is scheduled on 27.03.2021 and taking
WP(C).No.6916/2021
into account the seniority and long years of practice rendered
by the 1st petitioner, the Association do not propose to oppose
this writ petition and all the petitioners can be permitted to
participate in the election by casting their votes, provided
petitioners remit the arrears of subscription, if any, at the latest
by 25.03.2021.
3. The learned counsel for the respondents also
submits that the filing of nominations and all other procedures
are already over and only the polling is remaining. The steps
completed so far cannot be unsettled, except inclusion of
name of the petitioners in the list of eligible voters as may be
permitted by this Court.
In the circumstances, the writ petition is disposed of
permitting the petitioners to remit arrears of subscription, if
any, to the 1st respondent-Kollam Bar Association. If the
petitioners remits outstanding arrears, if any, on or before
25.03.2021, there will a further direction to the respondents to
permit the petitioners to cast their votes in the Association
WP(C).No.6916/2021
elections scheduled to be held on 27.03.2021 or on any other
deferred date.
Sd/-
N. NAGARESH
JUDGE
SR
WP(C).No.6916/2021
APPENDIX
PETITIONERS' EXHIBITS:
EXHIBIT P1 THE TRUE COPY OF THE NOTICE DATED
5/03/2021 ISSUED BY THE 1ST
RESPONDENT.
EXHIBIT P2 THE TRUE COPY OF THE NOTICE OF GENERAL
BODY 2021 AND NOTIFICATION OF ELECTION
2021 DATED 8/03/2021 ISSUED BY THE 2ND
RESPONDENT.
EXHIBIT P3 THE TRUE COPY OF THE ELECTION SCHEDULE
DATED 8/03/2021 PUBLISHED BY THE 2ND
RESPONDENT.
EXHIBIT P4 THE TRUE COPY OF THE NOTICE DATED
8/03/2021 ISSUED BY THE 2ND
RESPONDENT.
EXHIBIT P5 THE TRUE COPY OF THE REQUEST DATED
8/03/2021 FILED BY THE 1ST PETITIONER.
