Madras High Court
L.Chandrakumar vs The Registrar Of Societies on 7 October, 2021
W.P.No.16033/2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.10.2021
CORAM
THE HONOURABLE MRS. JUSTICE PUSHPA SATHYANARAYANA
AND
THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY
W.P.Nos.16033 of 2021
and W.M.P.Nos.16942 and 18051 of 2021
L.Chandrakumar .. Petitioner
Vs.
1. The Registrar of Societies,
O/o.Inspector General of Registration,
Santhome High Road,
Foreshore Estate, Chennai-600 028.
2. The Madras Bar Association,
Rep. by its Ad-hoc Committee,
High Court Buildings, Chennai-104.
3. The Election Officer for election
to Madras Bar Association,
'ARL House' 101/6, Old No.51, 5th Street,
Padmanabha Nagar, Adyar,
Chennai-600 020.
4. The Bar Council of Tamil Nadu and Puducherry
Rep. by its Chairman,
Gate No.4, High Court Campus,
Chennai, Tamil Nadu-600 104. .. Respondents
***
Prayer : Writ Petition filed under Article 226 of the Constitution of India
praying to issue a Writ of Certiorarified Mandamus calling for the Election
Notification issued by the Madras Bar Association dated 14.07.2021 and
https://www.mhc.tn.gov.in/judis/
Page 1/8
W.P.No.16033/2021
to quash the same in view of the pandemic situation and to consequently
direct the Association to conduct the election after restoration of
normalcy.
***
For Petitioner : Mr.S.Vijayakumar
for M/s.N.R.Jasmine Padma
For Respondents : Mr.R.Shunmugasundaram,
Advocate General
assisted by Mr.D.Ravichander,
State Government Counsel for R1
Mr.V.Prakash, Senior Counsel
for Mr.C.Seethapathy for R2
Mr.C.K.Chandrasekhar for R4
ORDER
PUSHPA SATHYANARAYANA, J.
The challenge is to the Election Notification dated 14.07.2021
issued by the third respondent on behalf of the second
respondent/Madras Bar Association, detailing out the schedule for
commencing the process on 15.07.2021 to be completed on 21.08.2021.
2. Since the Bar Council of Tamil Nadu and Puducherry (in short,
"BCTNP") is arrayed as the fourth respondent, this writ petition is listed
before a Division Bench. We are unable to understand as to why the Bar
Council of Tamil Nadu and Puducherry has been made as a party, which
is only a statutory regulatory body for regulating the legal practice and
legal education in India.
https://www.mhc.tn.gov.in/judis/
Page 2/8
W.P.No.16033/2021
3. Learned counsel for the petitioner argued that even in the
interim order granted by this Court on 30.07.2021, this Court recorded
the submission of the learned counsel for the fourth respondent, who
relied upon the judgment in Salem Bar Association case, wherein, it
has been declared that all Associations should get certificate of practice
verification done by the Bar Council and thereafter only, the voters list
should be prepared and no such verification in such of certificate of
practice has been done by the Bar Council of Tamil Nadu and Puducherry.
4. Admittedly, the second respondent Association is registered
under the Tamil Nadu Societies Registration Act, 1975 and its members
are only Advocates, who have been practising before this Court and they
are admitted based on the recommendations of the full members of the
Association. Therefore, there cannot be any dispute that non-Advocates
are members of the Association. However, in view of the Certificate and
Place of Practice (Verification) Rules, 2015, brought into force, the Ad-
hoc Committee, which is at the helm of the affairs of the Madras Bar
Association, shall ensure that the mandates and requirements under the
said rules, i.e., Certificate and Place of Practice (Verification) Rules, 2015
are complied with by the members, who will constitute the electoral
college.
https://www.mhc.tn.gov.in/judis/
Page 3/8
W.P.No.16033/2021
5. Further, for the purpose of election to draw the electoral college,
the Association has to check the payment of subscription by its members
to enable them to exercise their franchise, in terms of the Bye-laws.
Insofar as the non-payment of subscription is concerned, it is for the Ad-
hoc Committee, which is in office, to take a call as to whether any
concession to the members can be given or collection of subscription can
be postponed to a later date, in view of the COVID-19 pandemic
situation.
6. As far as the claim of the petitioner that the members should be
directed to follow 'one association/bar one vote' principle is concerned, it
is for the second respondent Association to take care of the said issue, as
had been held by the Hon'ble Supreme Court in Supreme Court Bar
Association V. B.D.Kaushik, 2011 (13) SCC 774.
7. A co-ordinate Bench of this Court in order dated 20.01.2021
made in W.P.No.1571 of 2019 (V.Madhesh V. Secretary, Bar Council
of Tamil Nadu and Puducherry), examined all these aspects and
issued certain directions in respect of conduct of election for the Bar
Associations. The respondents herein will have to adhere to the said
directions scrupulously.
https://www.mhc.tn.gov.in/judis/
Page 4/8
W.P.No.16033/2021
8. In the light of the above, the following directions are given:
8.1. The Ad-hoc Committee, which is presently
holding the office of the Madras Bar Association, shall
publish a fresh Election Notification giving the
schedule for the conduct of the election, as per Rules
and Bye-Laws of the Association.
8.2. Invite fresh nominations from prospective
contestants for each of the posts.
8.3. The fresh notification, shall be issued on or
before 01.11.2021 and the procedure shall be
completed, including declaration of the elections on or
before 13.12.2021.
8.4. Mr.R.Shunmugasundaram, Senior Counsel/
Advocate General (former President of MBA), who is
also an eligible Full Member of the Association, is
appointed as the Election Officer, to conduct the
election, as per clause 30 of the Bye-Laws.
8.5. The election is also permitted to be
conducted on-line, if the physical secret ballot system
is not possible.
8.6. The Members of the Madras Bar
Association, office bearers of the Ad-hoc Committee
and also the fourth respondent, namely the Bar
Council of Tamil Nadu and Puducherry, are directed to
co-operate with the Election Officer, in this regard.
https://www.mhc.tn.gov.in/judis/
Page 5/8
W.P.No.16033/2021
9. This writ petition is disposed of, with the above directions.
Consequently, the connected miscellaneous petitions are closed. The
parties shall bear their own costs.
[P.S.N., J.] [K.R., J.]
07.10.2021
Index : Yes / No
Internet : Yes
gg
https://www.mhc.tn.gov.in/judis/
Page 6/8
W.P.No.16033/2021
To
1. The Registrar of Societies,
O/o.Inspector General of Registration,
Santhome High Road,
Foreshore Estate, Chennai-600 028.
2. The Madras Bar Association,
Rep. by its Ad-hoc Committee,
High Court Buildings, Chennai-104.
3. The Election Officer for election
to Madras Bar Association,
'ARL House' 101/6, Old No.51, 5th Street,
Padmanabha Nagar, Adyar,
Chennai-600 020.
4. The Bar Council of Tamil Nadu and Puducherry
Rep. by its Chairman,
Gate No.4, High Court Campus,
Chennai, Tamil Nadu-600 104.
https://www.mhc.tn.gov.in/judis/
Page 7/8
W.P.No.16033/2021
PUSHPA SATHYANARAYANA, J.
AND
KRISHNAN RAMASAMY, J.
gg
W.P.No.16033/2021
07.10.2021
https://www.mhc.tn.gov.in/judis/
Page 8/8
