The court established that Section 17 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, is ultra vires the Advocates Act, allowing advocates to represent parties in tribunal proceedings.

JUDGMENT

Prathiba M. Singh, J. (Oral)--This hearing has been done through Video Conferencing.

2. The present petition has been filed challenging order dated 26th March, 2021 passed by the ADM, Karkardooma Courts under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (hereinafter, `Act').

3. The grievance of the Petitioner in this case is two-fold:

(i) that advocates are not being permitted to appear before the Tribunal; and

(ii) that evidence is not being permitted to be led before the Tribunal.

4. Insofar as the first issue is concerned, ld. Counsel for the Petitioner relies upon the judgment of the Kerala High Court in Advocate K.G. Suresh v. Union of India & Ors., [W.P.(C) No. 21946/2011, decided on 30th March, 2021]. He submits that Section 17 of the Act has been declared to be ultra vires Section 30 of the ADVOCATES ACT , 1961.

5. Insofar as the second issue is concerned, the submission of ld. Counsel for the Petitioner is that under Section 8 (3) of the Act, the Tribunal has to permit the leading of evidence in support of the parties' case and a direction in this regard may be passed.

6. Mr. Singh, ld. Counsel appearing for the Union of India, submits that under Section 8 , the Tribunal follows summary procedure. Discretion is left to the Tribunal to follow the procedure in accordance with law considering the facts and circumstances of each case.

7. Mr. Shukla, ld. Counsel points out that the order under challenge, i.e., order dated 26th March, 2021, wherein the ADM has merely directed the filing of the applications by the parties, was listed today at 02:00 pm.

8. Firstly, this Court has perused the judgment of the Kerala High Court. The operative portion of the said judgment reads as under:

"57. As Section 30 of the ADVOCATES ACT , 1961 has been brought into force from 15.06.2011, Advocates enrolled under the said Act have been conferred with an absolute right thereof, to practice before all the Courts and Tribunals. By virtue of Section 30 of the ADVOCATES ACT , 1961, coming into force, from 15.06.2011, the restriction imposed is taken away and in such circumstances, Article 19 of the Constitution of India, which guarantees the freedom to practice any profession, enables the Advocates to appear before all the Courts and the Tribunals, subject to Section 34 of the ADVOCATES ACT , 1961.

In the light of the above discussion and decisions, Section 17 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, is declared as ultra vires of Section 30 of the ADVOCATES ACT , 1961 and thus, the petitioner is entitled for a declaration that he has a right to represent the parties before the Tribunal/Appellate Tribunal/Court, constituted under Act 56 of 2007. Accordingly, this writ petition is allowed."

9. In view of the above, since Section 17 has been declared ultra vires Section 30 of the ADVOCATES ACT , 1961, it would obviously mean that an advocate would have the right to represent parties before the Tribunal under the Act. Ordered accordingly.

10. Insofar as the second issue is concerned, Section 8 of the Act reads as under:

"8. Summary procedure in case of inquiry