Kerala High Court
Pv Mohanlal vs The Calicut Bar Association on 4 January, 2024
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 4TH DAY OF JANUARY 2024 / 14TH POUSHA, 1945
WP(C) NO. 44060 OF 2023
PETITIONER:
1 PV MOHANLAL
AGED 50 YEARS
ADVOCATE ( K/100/2003) , S/O LATE VASU, PUTHENPARAMBIL
HOUSE, KODENCHERY P O , KOZHIKODE DISTRICT, PIN - 673580
2 LUKA JOSEPH
AGED 68 YEARS
ADVOCATE (K/3/2015) , S/O F.JOSEPH, MOORTHIYIL HOUSE,
PANTHIRAMKAVE P O , KOZHIKODE DISTRICT, PIN - 670379
BY ADVS.
M.T.SURESHKUMAR
SREELAKSHMI SABU
MANJUSHA K
RESWIN A. KHADIR
RESPONDENTS:
1 THE CALICUT BAR ASSOCIATION
BAR ASSOCIATION BUILDING , CALICUT , REPRESENTED BY ITS
SECRETARY, PIN - 673032
2 RADHAKRISHNAN P P
BRP ASSOCIATES , 11/332, K CONVENT ROAD , NEAR COURT
COMPLEX , KOZHIKODE THE RETURNING OFFICER FOR THE CONDUCT
OF ELECTION TO THE MANAGING COMMITTEE OF THE CALICUT BAR
ASSOCIATION FOR THE YEAR 2024, PIN - 673032
3 K B SIVARAMAKRISHNAN
ADVOCATE , KRM ASSOCIATES , SM ARCADE, P M TAJ ROAD, SM
STREET , KOZHIKODE - THE PRESIDENT OF THE CALICUT BAR
ASSOCIATION, PIN - 673001
4 FISAL T K
COURT VIEW ARCADE , NEAR CANARA BANK, COURT ROAD ,
KOZHIKODE. THE SECRETARY OF THE CALICUT BAR ASSOCIATION,
PIN - 673032
5 PADMANABHAN V MENON
CBA VISWAS , ARTS AND SCIENCE COLLEGE P O , OPPOSITE GSS
MEENCHANTHA , VATTAKKINAR, KOZHIKODE - THE VICE PRESIDENT
OF THE CALICUT BAR ASSOCIATION, PIN - 673018
6 ASHOKAN M.G
ADVOCATE , ROSECOT HOUSE, GOLF LINK ROAD, CHEVAYOOR
CALICUT - ( PRESIDENT ELECT ), PIN - 673001
WP(C) NO. 44060 OF 2023
2
7 SREEKANTH SOMAN M
ROOM NO.N.FBXII/14 IST FLOOR VRINDAVAN SHOPPING COMPLEX ,
CHUNKAM , FEROKE P O , KOZHIKODE - ( SECRETARY ELECT),
PIN - 673631
8 RAJESH KUMAR P
SHAHIER SINGH AND ASSOCIATES , EAST NADAKAVU, CALICUT -
(VICE PRESIDENT ELECT), PIN - 673011
9 MIDHILI MOHAN M
MOHANAM HOUSE, ERANHIKKAL P O , KOZHIKODE, PIN - 673303
10 JASIM K.T
ADVOCATE , ROOM NO. 14 , 2ND FLOOR , CHALATHU TOWER,
OPPOSITE DISTRICT COURT COMPLEX, ( TREASURER ELECT), PIN
- 673032
11 ANJANA V
NANDAVANAM HOUSE, MOOTHAL PARAMBIL, POLOOR , KONOTTU
P.O , KOZHIKODE, PIN - 673571
12 SUDEEP S
ROOM NO. 10, CHALATHU TOWER, OPPOSITE DISTRICT COURT,
COURT ROAD, KOZHIKODE, PIN - 673001
13 MANU RAVEENDRAN P
PUTHUKKUDI HOUSE, PADINJATTUMURI , KAKKODI P O ,
KOZHIKODE, PIN - 673611
14 AKHIL
ADVOCATE , SREESASTHA BUILDING, OPPOSITE POLICE CLUB,
PAVAMANI ROAD, THAZHEKKODE, KOZHIKODE, PIN - 673004
15 JINCY U K
ADVOCATE , 11/296-A, ROOM NO. 6 A , FIRST FLOOR , ALSA
COMPLEX , SAHIL BLOCK , WESTERN SIDE , DISTRICT COURT
COMPLEX , KOZHIKODE, PIN - 673032
16 ASHER GEORGE MATHEW
ADVOCATE , ROOM NO. 4, ZOYA ARCADE, CHEROOTY ROAD ,
CALICUT, PIN - 673001
BY ADVS.
P.A.HARISH
NIRMAL S
R.SUDHISH
M.MANJU(K/003562/1999)
MITHUN P.(K/000292/2019)
MERIN THOMAS(K/000292/2022)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
04.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 44060 OF 2023
3
JUDGMENT
The petitioners are stated to be Senior
Members of the "Calicut Bar Association"
("Association" for short), whose nomination to
the elections conducted, pursuant to Ext.P2
notification, was rejected through Ext.P4. They
assert that the rejection of their nominations,
namely as recorded in Ext.P4, is illegal and
unlawful; and therefore, that the said
proceedings, along with Exts.P3 and P5, are
liable to be set aside.
2. However, pertinently, Sri.M.T.Suresh
Kumar -learned counsel for the petitioners,
expressly conceded that the 1st petitioner has
already moved the Munsiff Court-I, Kozhikode,
through O.S.No.524/2023, against Ext.P4 and that
interim injunction, as sought for, has been
declined. He argued that, nevertheless, this
WP(C) NO. 44060 OF 2023
Court has jurisdiction to consider at least the
second prayer in this writ petition, namely that
the elections conducted on 14.12.2023 is null
and void.
3. Sri.P.A.Harish - learned counsel
appearing for respondents 1,3,4 and 5;
Sri.Sudheesh - learned counsel appearing for
respondents 6 to 16; and Sri.S.Nirmal - learned
counsel for the 6th respondent, in response,
vehemently argued that this writ petition is not
maintainable, particularly after the 1st
petitioner invoked his alternative remedy, by
filing a suit as mentioned above and after
having failed to obtain interim protection.
They also added that the order of the learned
Munsiff has not been appealed against by the 1st
petitioner until now.
4. Apart from the fact that the 1st
WP(C) NO. 44060 OF 2023
petitioner has invoked his alternative remedy,
it is without doubt, as is conceded by
Sri.M.T.Suresh Kumar, but that the petitioners
have sought that the elections conducted on
14.12.2023 be declared null and void solely for
the reason that their nominations had been
rejected through Ext.P4. There is no other
reason impelled or projected in support of their
above said 2nd prayer in the writ petition; and
and obviously, therefore, everything depends
upon the validity of Ext.P4.
5. It is here that the submissions of the
respondents come into relevance because, when
the 1st petitioner admits unequivocally that he
had approached the learned Munsiff through a
suit challenging Ext.P4, but was not able to
obtain any interim injunction; and that the said
proceedings are still pending, indubitably, the
WP(C) NO. 44060 OF 2023
jurisdiction of this Court under Article 226 of
the Constitution of India becomes totally
untenable to be invoked.
In the afore circumstances, leaving full
liberty to the petitioners to pursue their
alternative remedies before the competent Civil
Court, I close this writ petition, however,
leaving open all rival contentions without being
answered, in any manner whatsoever.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
SAS
WP(C) NO. 44060 OF 2023
APPENDIX OF WP(C) 44060/2023
PETITIONER'S EXHIBITS :
Exhibit1 TRUE COPY OF THE BYE- LAW OF THE CALICUT BAR
ASSOCIATION AMENDED FROM TIME TO TIME WITH
LATEST AMENDMENT CARRYOUT ON 8-12-2005 .
Exhibit P2 TRUE COPY OF THE ELECTION NOTIFICATION DATED
30-11-2023.
Exhibit P3 TRUE COPY OF THE ADDITIONAL ELECTION
NOTIFICATION DATED 6-12-2023.
Exhibit P4 TRUE COPY OF THE PROCEEDINGS PUBLISHED BY THE
2ND RESPONDENT RETURNING OFFICER DATED 7-12-
2023.
Exhibit P5 TRUE COPY OF THE NOTICE DATED 1-12-2023 ISSUED
BY THE 1ST RESPONDENT UNDER THE SEAL AND
SIGNATURE OF THE 4TH RESPONDENT.
Exhibit6 TRUE COPY OF THE SHOW CAUSE NOTICE ISSUED TO
11 MEMBERS OF THE ASSOCIATION DATED 9-11-2023.
Exhibit P7 TRUE COPY OF THE REPLAY SUBMITTED BY THE 1ST
PETITIONER HEREIN ABOVE IN RESPONSE TO EXHIBIT
P6 SHOW CAUSE NOTICE WHICH WAS RECEIVED BY THE
OFFICE OF THE 1ST RESPONDENT ON 20-11-2023 .
