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IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M.Subramaniam, C.Kumarappan, JJ.
R.Mohanan - Petitioner
Versus
The Secretary, Bar Council of Tamil Nadu and Puducherry and ors. – Respondents
WP.No.20081 of 2020 and WMP.No.24783 of 2020
Decided On : 11-06-2024
MANDAMUS - ELECTION PROCEEDINGS - The court dismissed the writ petition for non-prosecution, highlighting the petitioner's failure to appear and pursue the case, which reflects the importance of active participation in legal proceedings and adherence to procedural requirements.
Fact of the Case:
The petitioner filed a writ petition under Article 226 of the Constitution of India seeking a Mandamus to stop the election proceedings of the Law Association of Saidapet, claiming violations of TNECR No.12/19 by the Bar Council of Tamil Nadu and Puducherry.
Finding of the Court:
The court noted that the petitioner failed to appear for the hearings scheduled on 04.06.2024 and 11.06.2024, indicating a lack of interest in pursuing the case.
Issues: Whether the court should intervene in the election proceedings of the Law Association based on the petitioner's claims of unfairness and rule violations.
Ratio Decidendi: The court emphasized the necessity for the petitioner to actively pursue the case, and the absence of the petitioner led to the conclusion that the writ petition should be dismissed for non-prosecution.
Result: The Writ Petition in W.P.No.20081 of 2020 was dismissed for non-prosecution, with no costs awarded.
ORDER :
S.M.SUBRAMANIAM, J.
Prayer: Writ Petition filed under Article 226 of Constitution of India, praying to issue a writ of Mandamus, forbearing the respondent 2 and may pass the order to stop or postpone the unfair election proceedings of Law association of Saidapet dated 30.12.2020, which has violated the rule TNECR No.12/19 by Bar Council of Tamil Nadu and Puducherry and This Honourable Court may direct the 1st respondent to instruct the 2nd and 3rd respondents to stop this unfair, violating rules of TNECR no.12/19 election proceedings of Law association of Saidapet dated 30.12.2020 and This Honourable Court may pass the order to the 1st respondent The Bar Council of Tamilnadu and Puducherry to appoint an outsider committee consisting of advocates who have sufficient years of experience and practicing in other courts and who are not the members of Law association of Saidapet, For conducting the fair election as per rules said TNECR No.12/19 by Bar Council of Tamil Nadu and Puducherry and this Hon'ble Court may give the instruction to the 1st respondent to appoint an auditor for auditing the accounts of Law association of Saidapet from the year of 2012 onwards and getting the renewal from the registrar for the Law association of Saidapet Reg.No.424/12 such other order as the Hon'ble Court may deem fit proper in the circumstances of the case.
When the matter was listed for hearing on 04.06.2024, none appeared on behalf of the petitioner. In order to give opportunity to the petitioner, this Court passed an order, directing the Registry to list this matter under the caption “For Dismissal” on 11.06.2024.
2. Even today i.e., on 11.06.2024, when the matter is taken up for hearing, none appeared for the petitioner. Thus, it is evident that the petitioner is not interested in pursuing the matter. Accordingly, the Writ Petition in W.P.No.20081 of 2020 stands dismissed for non-prosecution. No costs. Consequently, connected WMP is also closed.
A writ petition can be dismissed for non-prosecution if the petitioner fails to appear and show interest in the proceedings.
A writ petition under Article 226 is not maintainable if the underlying issue has been resolved, rendering the petition moot.
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