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2024 Supreme(Mad) 1782
IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M.Subramaniam, C.Kumarappan, JJ.
Bar Association Chengalpattu Rep. by its President, Stephen C.Kumar - Petitioner
Versus
The Bar Council of Tamil Nadu and Puducherry, Rep. By its Secretary and ors. – Respondents
WP.No.12947 of 2023, WMP.Nos.12732 & 12733 of 2023
Decided On : 11-06-2024
Important Points
A writ petition under Article 226 is not maintainable if the underlying issue has been resolved, rendering the petition moot.
Subject
Administrative Law - Election Law
Act Referred
Headnote
ELECTION LAW - ELECTION SCHEDULE - The court addressed a writ petition under Article 226 of the Constitution of India, challenging an election schedule issued for the Bar Association Chengalpattu. The court found that the election had already been completed and results declared, rendering the petition moot. Consequently, the court closed the writ petition and related motions, emphasizing the principle that a case becomes non-justiciable when the underlying issue has been resolved.
Fact of the Case:
The petitioner sought to quash an election schedule for the Bar Association Chengalpattu and requested the appointment of a committee to ensure fair elections. The respondents indicated that the election had already been completed and results declared.
Finding of the Court:
The court concluded that since the election had been conducted and results announced, the petitioner's cause of action had ceased to exist, making the writ petition moot.
Issues: Whether the writ petition challenging the election schedule was maintainable given that the election had already taken place.
Ratio Decidendi: The court held that a writ petition becomes non-justiciable when the issue it seeks to address has already been resolved, as was the case with the completed election.
Result: The writ petition was closed, and no costs were awarded, along with the closure of connected motions.
Advocate Appeared:
For the Petitioner: Mr. N.Manokaran
For the Respondent: Mr. M.R. Jothimanian, Mr. V.Subramanian, Mr. T.Arockia Dass for M/s.Dass and Viswa Associates
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.
