ORDER :

1. This writ petition is filed under Article 226 of the Constitution of India, claiming the following relief:

“To issue Writ of Mandamus directing the 1st respondent to see that implementation of the Advocates Act 1961 and Rules framed there under in proper and perspective way and declare the inaction of the 2nd respondent in taking action upon the complaint dated 01.11.2022 against the 3rd respondent who utterly failed to conduct elections as stipulated under the Bye Laws and to appoint an Ad-hoc Committee from the senior members of the Association to manage the affairs of the Bar Association and to conduct elections as illegal arbitrary against all cannons of fair play and natural justice and contrary to the model byelaws of the Bar Association Bar Council of State of Andhra Pradesh Amaravathi and also offends Articles 14, 19 and 21 of Constitution of India and consequently direct the respondents to appoint an Ad-hoc Committee from the senior members of the Andhra Pradesh High Court Bar Association to manage the affairs of the Bar Association and to conduct the election.”

2. Heard Sri Seetharam Chaparla, learned counsel appearing on behalf of Sri B. Balaiah, learned counsel for the petitioner on record. Sri N. Harinath, learned Deputy Solicitor General of India for Respondent No. 1, Sri S.V.R. Subramanyam, learned counsel for Respondent No. 2 and Ms. Sindhu Kumari, learned counsel for Respondent No. 3 and perused the material available on record.

3. Learned counsel for the petitioner submits that, the tenure of the Office Bearers and the Members of the Executive Committee of the respondent No. 3-A.P. High Court Bar Association expired by 31.03.2022. Without conducting elections for the next year, the so-called persons are illegally and unauthorizedly continuing as Office Bearers and Executive Committee members. As and when the election is not conducted before expiry of the tenure of the existing Executive Committee, the respondent No. 2 has to appoint an Ad-hoc Committee to look after the affairs of the respondent No. 3 Association and conduct elections for the Executive Body as per Byelaw 26 of the Model Bye-laws. The Andhra Pradesh State Bar Council is constituted under Section 6 of the Advocates Act, 1961. Being a statutory body, the respondent No. 2/A.P. Bar Council has to discharge its functions as per the provisions of the Advocates Act. 1961. The main duty of the respondent No. 2/Bar Council is to protect the interest and welfare of the Advocates. The petitioner made a complaint to the respondent No. 2 on 01.11.2022 complaining that the Executive Body, which term expired by 31st March, 2022, is claiming to be the Executive Body of the Respondent No. 3 Association. Against the illegal action of the so-called Office Bearers and Executive Committee Members, who are illegally and unauthorizedly claiming themselves as Executive Committee of the Respondent No. 3 Association and against the inaction of the respondent No. 2 in constituting the Ad-hoc Committee to the Respondent No. 3 Association in the absence of regular Executive Committee, the present Writ Petition has been filed.

4. Sri S.S. Prasad, learned Senior Counsel appearing for Respondent No. 3 has submitted that the tenure of the Executive Body of the Respondent No. 3-Association is extended by the Respondent No. 2, and as such, he contends that the Executive Body elected pursuant to the Election Notification dated 13.09.2021 is having tenure to continue till 31.03.2023. The learned Senior Counsel placed a copy of the Resolution of the Respondent No. 2 dated 18.09.2022.

5. The Resolution passed by the Respondent No. 2 is extracted hereunder:

RESOLUTION:

Presently, no action may be taken in respect of the Bar Associations to conduct Elections till March, 2023, where Elections were not conducted for the year 2022-23. However, if any complaint is received from the Members of the Bar Associations for non-conducting of Elections, appropriate decision may be taken, as p