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IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M. SUBRAMANIAM, C. KUMARAPPAN, JJ.
S. Sathya Saravanan - Petitioner
Versus
Bar Council of Tamil Nadu and Puducherry, Represented by its Secretary & Ors. - Respondents
W.P. No. 23889 of 2023
Decided On : 27-06-2024
CERTIORARI - WRIT PETITION - The court addressed a writ petition under Article 226 of the Constitution of India, seeking to quash a resolution by the Bar Council. The court found that the action on the complaint had been dropped, granting the petitioner the liberty to pursue other legal remedies, leading to the disposal of the writ petition without costs.
Fact of the Case:
The petitioner filed a writ petition under Article 226 to challenge Resolution No.811 of 2022 issued by the Bar Council of Tamil Nadu and Puducherry.
Finding of the Court:
The court noted that the Bar Council had dropped further action on the complaint filed by the petitioner as of 01.12.2022.
Issues: Whether the resolution by the Bar Council should be quashed given that further action on the complaint had been dropped.
Ratio Decidendi: The court concluded that since the Bar Council had ceased further action on the complaint, the petitioner was free to pursue other legal remedies, making the writ petition unnecessary.
Result: The writ petition was disposed of, allowing the petitioner to seek remedies as per the law, with no costs awarded.
ORDER :
S.M. Subramaniam, J.
[PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a writ of Certiorari, calling for the records on the file of the 1st respondent in Resolution No.811 of 2022 dated 01.12.2022 and quash the same.]
Mr. M.R. Jothimanian, learned Counsel appearing on behalf of the 1st respondent/Bar Council of Tamil Nadu and Puducherry would submit that further action on the compliant filed by the petitioner had been dropped on 01.12.2022.
2. In view of the above submission, the petitioner is granted liberty to workout his remedy in the manner known to law. Accordingly, the Writ Petition stands disposed of. No costs.
The court affirmed that the Bar Council's decision to drop a complaint is valid and that aggrieved parties have the right to seek further recourse through established legal channels.
The court affirmed the right of a petitioner to seek a revision under Section 48A of The Advocates Act when a complaint is dropped by the Bar Council, emphasizing adherence to due process.
A writ petition under Article 226 is not the appropriate remedy when a complaint has been dismissed for lack of a prima facie case; the petitioner may seek recourse through a Revision Petition under ....
The court reaffirmed that statutory remedies provided under the Advocates Act must be exhausted before seeking judicial review under Article 226 of the Constitution.
The transfer of complaints under Section 36B of The Advocates Act to the Bar Council of India is a procedural safeguard that allows for proper adjudication of grievances against advocates.
Judicial review by the High Court does not extend to adjudicating the merits of disciplinary complaints against lawyers, which must be handled by the Bar Council.
The court established that grievances regarding misconduct against advocates should be addressed through the revision process under Section 48A of The Advocates Act, rather than through writ petition....
The transfer of a disciplinary complaint to the Bar Council of India under Section 36B of The Advocates Act allows the complainant to pursue their case in the appropriate legal forum.
The transfer of a complaint to the Bar Council of India under Section 36B of the Advocates Act establishes the appropriate jurisdiction for disciplinary matters involving advocates.
A petitioner has the right to withdraw a writ petition when circumstances change, such as the revocation of a suspension.
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