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IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M.Subramaniam, C.Kumarappan, JJ.
J.Jayapaul Mohan - Petitioner
Versus
The Secretary, Bar Council of Tamil Nadu & Puducherry and ors. – Respondents
W.P.No.9303 of 2019 and W.M.P.No.9853 of 2019
Decided On : 11-06-2024
MANDAMUS - ENROLMENT OF ADVOCATES - The court addressed a writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus to initiate criminal proceedings against an enrolled advocate. The court highlighted that the Bar Council had already conducted an inquiry and passed a final order, rendering the petition infructuous. This interpretation of existing legal proceedings influenced the court's decision to dispose of the writ petition without further action.
Fact of the Case:
The writ petition was filed seeking a mandamus to direct the Bar Council to initiate criminal proceedings against the 2nd respondent, an enrolled advocate, based on a complaint by the petitioner.
Finding of the Court:
The court found that the Bar Council had already taken action on the complaint, conducted an inquiry, and issued a final order, thus negating the need for further proceedings.
Issues: Whether the writ petition for mandamus was maintainable given that the Bar Council had already addressed the complaint.
Ratio Decidendi: The court concluded that since the Bar Council had already resolved the matter, the writ petition was rendered infructuous and could not proceed.
Result: The writ petition was disposed of as infructuous, and no costs were awarded.
ORDER :
S.M.SUBRAMANIAM, J.
Prayer: Writ Petition is filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the 1st respondent to initiate criminal proceedings against the 2nd respondent Enrolment as an Advocate in Ms.No.958 of 2018 dated 27.06.2018 in speedy manner and punish him in accordance with law and remove the 2nd respondent from the enrolment on the file of the 1st respondent and pass any other suitable orders.
Mr.G.Gopinath, learned Counsel appearing on behalf of the 2nd respondent would submit that the complaint submitted by the writ petitioner was taken on file, the enquiry was conducted and final order has been passed by the Bar Council of Tamil Nadu and Puducherry in T.N.E.C.R.No.32/2021 dated 13.12.2022.
2. Thus, the cause did not exist and Consequently, the Writ petition stands disposed of as infructuous. No costs. Consequently, connected miscellaneous petition is closed.
A writ of mandamus is not maintainable when the matter has already been adjudicated by the appropriate authority.
The pendency of a criminal case against an applicant serves as a bar to enrollment as an advocate before the Bar Council.
Full disclosure of criminal involvement is essential for enrollment as an Advocate, and failure to disclose such information can lead to dismissal of the application.
The eligibility for enrollment as an advocate under the Advocates Act is contingent upon compliance with specific disqualifications, particularly concerning concurrent employment in government servic....
A writ of Mandamus is not necessary when the complainant has the option to pursue the matter before a different authority, as per the provisions of the Advocates Act.
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.
Section 38 of the Advocates' Act, 1961 establishes a mandatory appellate process to the Supreme Court for aggrieved parties in Bar Council proceedings, which must be adhered to instead of seeking wri....
The misuse of the advocate emblem by an individual not duly enrolled as an advocate constitutes a violation of legal provisions, warranting investigation and action by relevant authorities.
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 necessity to exhaust available statutory remedies before seeking judicial intervention in matters concerning the Bar Council's decisions.
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