Back
IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M.Subramaniam, C.Kumarappan, JJ.
S.Jayachandran and ors. - Petitioners
Versus
Bar Council of Tamil Nadu and Puducherry, Rep. By the Secretary – Respondents
WP.No.9131 of 2024 and WMP.No.10162 of 2024
Decided On : 11-06-2024
CERTIORARI - BAR COUNCIL RESOLUTION - The court addressed a writ petition under Article 226 of the Constitution of India, challenging the Bar Council of Tamil Nadu's Resolution No.181 of 2022, which dropped a complaint. The court highlighted that the petitioner has the option to appeal to the Bar Council of India under Section 48A of The Advocates Act, emphasizing the procedural avenues available for redressal rather than direct judicial intervention.
Fact of the Case:
The petitioner filed a writ petition seeking to quash the Bar Council of Tamil Nadu's Resolution No.181 of 2022, which dismissed a complaint against them.
Finding of the Court:
The court found that the Bar Council had appropriately dropped the complaint and noted that the petitioner could pursue a revision petition before the Bar Council of India as a remedy.
Issues: Whether the Bar Council's decision to drop the complaint was valid and what remedies are available to the petitioner.
Ratio Decidendi: The court determined that the Bar Council's resolution was within its authority and that the petitioner had alternative legal remedies available under the Advocates Act, specifically the right to appeal to the Bar Council of India.
Result: The writ petition was disposed of, with no costs awarded, and the connected WMP was also closed.
ORDER :
S.M.SUBRAMANIAM, J.
Prayer: Writ Petition filed under Article 226 of Constitution of India, praying to issue a writ of Certiorari, calling for records of the impugned order bearing Resolution No.181 of 2022 dated 04.05.2022 passed by the 1st respondent in complaint No.384 of 2021 on the file of the Bar Council of Tamil Nadu and Puducherry, the 1st respondent herein and quash the same.
Mr.C.K.Chandrasekar, the learned counsel appearing on behalf of the Bar Council of Tamil Nadu would submit that through the Resolution No.181 of 2022 dated 04.05.2022, the Bar Council of Tamil Nadu dropped the complaint filed by the writ petitioner. The petitioner, if aggrieved is at liberty to prefer a Revision Petition before the Bar Council of India under Section 48A of The Advocates Act.
2. With the above observations, this writ petition stands disposed of. No costs. Consequently, connected WMP is also closed.
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 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 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.
The necessity to exhaust available statutory remedies before seeking judicial intervention in matters concerning the Bar Council's decisions.
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.
A writ petition under Article 226 can be rendered unnecessary if the action being challenged has been withdrawn or dropped by the authority.
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 prima facie opinion by the Bar Council is not subject to judicial review unless it is shown to be issued by an incompetent authority or is tainted with malafides.
The court reaffirmed that statutory remedies provided under the Advocates Act must be exhausted before seeking judicial review under Article 226 of the Constitution.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
