The right to vote in Bar Association elections is governed by membership rules, not as a fundamental right, and non-compliance with enrolment requirements invalidates such rights.

JUDGMENT

1. Heard Mr. Somik Deb, learned senior counsel assisted by Mr. S. Bhattacharjee, learned counsel appearing for the petitioner. Also heard Mr. S. M. Chakraborty, learned senior counsel assisted by Mrs. P. Chakraborty and Mr. D. Bhattacharjee, learned G.A. & Mr. S. Lodh, learned counsel appearing for the respondents.

2. This present writ petition has been filed under Article-226 of the Constitution of India for directing the respondents to transmit the record, relevant to the subject matter of the writ petition for quashing the resolution dated 20.05.2022 passed by the respondent No.4 also quashing the decision of the respondent No.4 to finalize the voter list keeping the name of the respondent No.11 and thereupon forwarding of the same to the respondent No.2 for approval. The petitioner also prayed to delete the name of the respondent No.11 from the resolved voter list and refraining the respondents No. 2 and 4 from acting in any manner in furtherance of the resolution dated 20.05.2022, forwarding the approved voter list by the respondent No.4 to the respondent No.2 for publication of the final voter list.

3. The brief facts of the present are that on 10.03.2022, the respondent No.2 i.e. the Bar Council of Tripura had sent one supplementary draft of voter list to the Bar Association i.e. the respondent No.4 incorporating the name of the respondent No.11 at Sl. No.1 along with another name. Therefore, accordingly the respondent No.4 had published the draft voter list. From bare perusal of the draft voter list, it becomes apparent that the name of the respondent No.11 is not enrolled with the Bar Council of Tripura, which is a prima facie condition for being a 'Member' of the Bar Association with voting right. Faced with such situation, on 04.04.2022, the petitioners had raised a written objection before the respondent No.4 against such inclusion of name. pursuant to such objection being raised, the Bar Association has hold its meeting, the Executive Body of the Tripura High Court Bar Association by resolution dated 20.05.2022 had resolved to keep the name of the respondent No.11 in the final voter list and has also sent the same to the respondent No.2 on 30.05.2022 for approval and publication of final voter list. Hence, this petition.

4. Mr. Somik Deb, learned senior counsel assisted by Mr. S. Bhattacharjee, learned counsel appearing for the petitioners has submitted that the cause of action of this petition has arisen from the publication of the draft voter list of the Tripura High Court Bar Association for the year 2022 by the respondent No.4. In the month of February, 2022 the respondent No.4 had sought the draft voter list from the Bar Council of Tripura for the purpose of conducting election of the Bar Association for the year 2022. On 10.03.2022, the respondent No.2 i.e. the Bar Council of Tripura had sent one supplementary draft voter list to the Bar Association i.e. the respondent No.4 incorporating the name of the respondent No.11 at Sl. No.1 along with another name and subsequently, published the draft voter list.

5. He has contended that the respondent No.11 is not enrolled with the Bar Council of Tripura, which is a prima facie condition for being a 'Member' of the Bar Association with voting right. Thereafter, on 04.04.2022 the petitioners had raised a written objection before the respondent No.4 against such illegalities. Later on, on 28.04.2022, the respondent No.2 resolved the dispute and confirmed the respondent No.4 that the respondent N