Citation : 2026 Latest Caselaw 1901 Mad
Judgement Date : 16 April, 2026
2026:MHC:1479
WP No. 14556 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16-04-2026
CORAM
THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM
AND
THE HON'BLE MR.JUSTICE K. SURENDER
WP No. 14556 of 2026 AND
WMP Nos. 15805 and 15804 OF 2026
M.Ravindhar,
S/o Murugan,
No.11, Nerkundram Pathai,
Vadapalani, Chennai-600 026.
..Petitioner
Vs
1. The Chairman/Returning Officer,
Teller committee,
Madras High court Advocate association,
High court buildings,
Chennai-600 104.
2. The Vice-Chairman,
Teller committee,
Madras High court Advocate association,
High court buildings,
Chennai-600 104.
3. The Secretary,
Bar council of Tamilnadu and Puducherry
High court buildings, Chennai-600 104.
..Respondents
Prayer : Writ Petition under Article 226 of the Constitution of India praying for the
issuance of a Writ of Certiorarified Mandamus to call for the records of the
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WP No. 14556 of 2026
respondents in connection with the impugned Announcement in Proceeding Nil dated
24.03.2026 and Election Notification dated 06.04.2026 issued by the respondents
and quash the same and further direct the respondents to consider the 30 percent
of woman reservation in the Madras high court advocate association election 2026 in
light of the Judgment in Logamayas case and grant such other further relief as this
Honble court may deem fit and proper in the circumstances of the case.
For Petitioners : Mr.R.Dhinesh Kumar
ORDER
(Order of the Court was made by S.M.Subramaniam J.)
The present writ petition has been instituted challenging the election
notification dated 06.04.2026 issued by the Election Committee of the Madras High
Court Advocates Association.
2. The petitioner states that he is a member of the Association and the
process of election has not been conducted in accordance with the established
procedures and as per the bye-laws. Large number of eligible members are not
included in the eligible voters list and their right to vote are infringed. Thus, the
present writ petition has to be considered.
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3. When this Court raised the question of maintainability of a writ petition
challenging the election notification issued by the Madras High Court Advocates
Association which is not an instrumentality of a ‘State’ under Article 12 of the
Constitution of India, the learned counsel for the petitioner would submit that, on
earlier occasions some writ petitions have been entertained by this Court.
4. The said answer is neither candid nor convincing. Entertaining a writ
petition on an earlier occasion would not confer any right to maintain the present
writ petition. Since the Madras High Court Advocates Association is a Society
registered under the provisions of the Tamil Nadu Societies Registration Act and the
bye-laws are approved by the Registrar under the provisions of the Act, elections are
to be conducted in accordance with the approved bye-laws of the Association. In
the event of any dispute, then the remedy is contemplated under Section 36 of the
Societies Registration Act. In respect of election, the remedy would lie before the
competent Civil Court.
5. That apart, once the process of election is set in motion, High Court may
not entertain a petition to stall the process of election already commenced. In the
present case, the process of election has already commenced on 06.04.2026 and is
in progress. That apart, as it is made clear that the Madras High Court Advocates
Association is not a ‘State’ within the meaning of Article 12 of the Constitution of
India, no writ challenging the election is maintainable.
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6. For the reasons stated above, the writ petition is liable to be dismissed and
is accordingly dismissed. However, the petitioner is at liberty to approach the
competent civil Court in the manner contemplated under law. No costs.
Consequently, connected miscellaneous petitions are closed.
(S.M.S.,J.) (K.S.,J.)
16-04-2026
Index: Yes
Speaking order
Neutral Citation: Yes
KST
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To
1. The Chairman/Returning Officer,
Teller committee,
Madras High court advocate association, High court buildings, Chennai-600 104.
2. The Vice-Chairman, Teller committee, Madras High court advocate association, High court buildings, Chennai-600 104.
3. The Secretary, Bar council of Tamilnadu and Puducherry High court buildings, Chennai-600 104.
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https://www.mhc.tn.gov.in/judis
S.M.SUBRAMANIAM J.
AND K.SURENDER J.
KST
16-04-2026
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