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S. M. SUBRAMANIAM, C. KUMARAPPAN
Bar Association Chengalpattu Rep. by its President, Stephen C. Kumar – Appellant
Versus
Bar Council of Tamil Nadu and Puducherry, Rep. By its Secretary – Respondent
ORDER :
S.M. SUBRAMANIAM, J.
Prayer: Writ Petition filed under Article 226 of Constitution of India, praying to issue a writ of Certiorarified Mandamus, calling for the records relating to the impugned Election Schedule dated 18.04.2023 issued by the respondents 3 to 6, quash the same and consequently appoint a committee to conduct the election to the office bearers of the Bar Association Chengalpattu to ensure fair and democratic way of election and pass such further orders as this Hon'ble Court deems it fit and proper in the above circumstances of the case.
The learned counsel for the respondents 3 to 6 would submit that the election was completed and results were declared. That apart, further election was also conducted in the year 2024. That being the factum, the cause became vanished. Accordingly, this writ petition stands closed. No costs. Consequently, connected WMPs are also closed.
A writ petition under Article 226 is not maintainable if the underlying issue has been resolved, rendering the petition moot.
A writ petition can be dismissed for non-prosecution if the petitioner fails to appear and show interest in the proceedings.
Where a statute provides for election to an office, or an authority or institution and if it further provides a machinery or forum for determination of dispute arising out of election, the aggrieved ....
Rules of game cannot be altered after the commencement of the game and the said moral obligation is applicable to the respondent-State also.
Interference in electoral matters after results are declared is barred by Articles 243-O and 243-ZG; the appropriate recourse is through an election petition.
Election disputes must be resolved through election petitions under the Representation of the People Act, 1951, not through writ petitions, due to the constitutional bar under Article 329(b).
The principle of rotation as mandated by Section 10(1-A) of the Karnataka Municipal Corporations Act, 1976 (the Act) and the Rules made thereunder.
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