An unregistered association or body of individuals is not a legal entity and cannot maintain a proceeding in a court of law unless specified by a statute or rule.

1. The former is a Writ Petition presented by All India Lawyers Union, Tamil Nadu, represented by its Secretary with a prayer for issue of a writ of declaration declaring that the practising advocates in the State of Tamil Nadu are entitled to be included in the Category of Non-OYT Special and consequently directing the Chief General Manager, Tamil Nadu Telecommunications Circle, Madras and the Chief General Manager, Madras Telephones (Respondents 2 and 3) to treat the applications of practising Advocates/Lawyers in Tamil Nadu in the Non-OYT Special Category and provide telephone connections to them. The first respondent is the Union of India represented by its Secretary to Government, Department of Communications. The latter is a Writ Miscellaneous Petition for an interim direction pending disposal of the Writ Petition. In paragraph 3 of the affidavit filed in support of the Writ Petition, it is stated that the petitioner is an All India body of Lawyers, whose members are practising Lawyers, retired Judges, Jurists and Law students and that it has branches all over the country having its Head Quarters at Delhi. It is also stated that in each State, the Union has President, Vice-President, Secretary and other Office Bearers and in Tamil Nadu, the Union has about 800 members. It is stated that the petitioner union has been espousing causes of lawyers as well as general public and it has been discharging its obligations as a body to protect the interests of Advocates as well as other toiling sections of the people of the State. The last sentence in paragraph 3 of the affidavit is that the petitioner Union is filing the writ petition in the interest of the Lawyers in the State. There is nothing in the affidavit to the effect that the petitioner is a registered body.

2. The Registry returned the papers calling upon the counsel to state how the writ petition is maintainable by the unregistered Union and to give a list of members of the Union. Counsel represented the papers with the following endorsement:—

“With regard to the return it is submitted that already several writ petitions by unregistered bodies have been entertained and relief granted by the Honble Supreme Court. For example, the writ petition by the Peoples Union for Civil Liberties (reported in 1982 (II) LLJ. p. 454) and the Writ Petition (Civil) No. 491/91 by Sub Committee of Judicial Accountability v. Union of India are in point. This writ petition filed by the All India Lawyers Union in the interest of lawyers is therefore maintainable.”

3. The Registry had a doubt as to the correctness of the contention raised in the endorsement and placed the papers before me for orders. I directed the matter to be posted before Court for orders regarding maintainability. The matter was argued by learned counsel for the petitioner at some length and reliance was placed on some rulings of the Supreme Court. I thought it necessary to consider the matter in detail and decide the question, as the same is arising very often in several matters. Hence, I appointed Mr. S. Gopalratnam, Senior Advocate as Amicus Curiae to be assisted by Sri S. Venkateswaran, Advocate, as Junior Amicus Curiae. The matter was argued at length by counsel for the petitioner as well as the Amicus Curiae.

4. In so far as this Court is concerned, the matter is not res integra and the law was laid down by a Full Bench of this Court in Tamil Nadu Panchayat Development Officers Association, Madras v. Secretary to Govt. of Tamil Nadu, Rural Development and Local Administration Dept., Madras and others AIR 1989 Madras 224 = 1989-1-L.W. 239 = 1989 Writ L.R. 84 (F.B.). When that case came before a Division Bench, it was felt that the question should be adjudicated by a Full Bench of the Court, and the following order of reference was made:—

“The question that arises for our determination is, whether an unregistered association can maintain a writ petition under Art. 226 of the Constitution of India.

2. Learned co