IMPORTANT POINT
Recognition of Bar Associations by the Bar Council is discretionary and cannot be claimed as an absolute right.

ORDER :

S.M. Subramaniam, J.

[PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, to direct the respondent herein to recognise the petitioner Association namely, Combined Court Bar Association Thiruthuraipoondi - (CCBA-TTP) as per Section 13(3) of the Tamil Nadu Advocates Welfare Fund Act, 1987 r/w Rule 3 of the Tamil Nadu Advocates Welfare Fund Rules, 1989 by considering the application of the petitioner Association dated 21.11.2022 within the time frame as may be fixed by this Court.]

The writ of mandamus has been instituted seeking direction to the respondent/Bar Council of Tamil Nadu and Puducherry to recognise the petitioner association namely, Combined Court Bar Association, Thiruthuraipoondi - (CCBA-TTP) as per Section 13(3) of the Tamil Nadu Advocates Welfare Fund Act, 1987 r/w Rule 3 of the Tamil Nadu Advocates Welfare Fund Rules, 1989 by considering the application of the petitioner/association dated 21.11.2022.

2. Mr. D. Vairamoorthy, the learned Counsel appearing on behalf of the petitioner would submit that the petitioner/Association has been registered under the provisions of the Tamil Nadu Societies Registration Act, 1975. The petitioner/Association submitted an application to the Bar Council of Tamil Nadu and Puducherry to recognise their Association. The said application has not been considered, which resulted in filing of the present writ petition.

3. Recognition of an Association by the State Bar Council cannot be claimed as an absolute right. The Bar Council has to regulate the recognition of various Bar Associations across the State of Tamil Nadu and Puducherry.

4. Section 13 (3) of the Tamil Nadu Advocates Welfare Fund Act, 1987, enumerates that “the Bar Council may, after such enquiry as it deems necessary, recognise the Association and issue a certificate of registration in such form as may be prescribed." Therefore, it is the discretion of the Bar Council to recognise an Association. The language employed in Section 13 (3) is “May”. Therefore, recognition cannot be claimed as an absolute right. The Bar Council in exercise of its discretion has to recognise an Association and regulate its affairs as contemplated under the provisions of the Advocates Act, Bar Council of India Rules and other enactments.

5. It is possible that many such Associations may be registered by several group of Lawyers under the Societies Registration Act. Mere registration of an Association under the Tamil Nadu Societies Registration Act would not be a ground to seek recognition from the Bar Council of Tamil Nadu and Puducherry. In the event of granting recognition indiscriminately, the same would result in an anomalous situation, wherein the Judicial administration may not be in a position to allot space for these Lawyers Associations. As far as possible, the Bar Council has to ensure that one Association is recognised for the welfare of the Lawyers practising in that locality. Effective control over the Bar Associations are of paramount importance by the Bar Council and their activities in court complexes are to be monitored closely and good conduct in consonance with the Bar Council of India Rules are to be followed. Therefore, the Bar Council has to exercise its power of discretion in a judicious manner and to ensure that the Bar Associations in court complexes functions properly, peacefully and in accordance with law.

6. The learned Counsel appearing on behalf of the petitioner would submit that the existing recognized Bar Associations are committing various irregularities and illegalities inside the Court premises and the Bar Council of Tamil Nadu is not taking appropriate actions.

7. In this regard, Mr. C.K. Chandrasekkar, the learned Standing Counsel appearing on behalf of Bar Council of Tamil Nadu and Puducherry would submit that in the event of any complaint all appropriate actions will be initiated under the provisions of the Advocates Act and the Bar Council Rules.

8. The Bar Coun