O R D E R

(Order of the Court was made by R. MAHADEVAN, J.)

The prayer made in this writ petition is to issue a writ of certiorari, to call for the records relating to DCC No.149/2023 dated 07.06.2023 as well as the Resolution No.318 of 2023, dated 28.04.2023 passed by the respective respondents 1 and 2 and quash the same.

2. According to the petitioners, they are the Chairman and General Secretary of Joint Advocates Association Council of Tamil Nadu and Puducherry (in short, "the JAAC"). The JAAC is registered under the provisions of the Tamil Nadu Societies Registration Act and the Dindigul Bar Association ("DBA") is one of the members of JAAC. It is further averred in the affidavit filed in support of this petition that certain advocates (40 persons) in Dindigul have petitioned the Bar Council of Tamil Nadu and Puducherry stating that they wanted to form a rival association to the existing Dindigul Bar Association (DBA), in the name and style of Dindigul Advocates Welfare Association, as if they were not being admitted as members of DBA. Pursuant to the same, five members of the Bar Council visited the DBA on 08.07.2022 and interacted with the members and office bearers of the Dindigul Bar Association. While so, three members adopted a peremptory stance, emphasizing that 40 candidates had to be admitted to DBA, failing which, rival association would be granted recognition. In response, the office bearers of the DBA pointed out that none of the said 40 persons had submitted any application for admission to the Association. On the other hand, one of the visiting members raised objection and stated that once an Advocate enrolls before the Bar Council, the Association is bound to grant him/her membership without examining his or her credentials or suitability. Following the said events, the general body meeting of the DBA was held on 14.07.2022, in which, a resolution was passed about the peremptory conduct of the visiting Bar Council members. Thereafter, the members of the DBA who attended the meeting of the JAAC held on 27.08.2022 at Trichy, complained about the visit of 5 members committee of the Bar Council to their Association on 08.07.2022 and their act of threatening the members of DBA and directing them to admit the candidates who obtained degrees from other States, without any enquiry. Based on the same, a resolution was passed in the JAAC meeting in the following terms:

"The assertion of the Bar Council that once advocates are enrolled in the State Bar Council, the Bar Association has to admit them to membership automatically without any further enquiry is to be condemned. The independence of the Bar Associations has to be safeguarded.”

While so, vide communication dated 09.12.2022, referring to the visit of a Committee of the Bar Council to the DBA, the Bar Council informed that "the Association has failed to obey the instruction given by the Committee" and hence, they gave a report recommending grant of recognition to the new Dindigul Advocates Welfare Association and about the non-functioning of the DBA. The said recommendation of the Bar Council was discussed by the members of JAAC in its meeting held on 27.08.2022 and condemned the decision of the Bar Council and the Committee, "as if they interfered and threatened the office bearers of the DBA without verifying real facts". In pursuance of the same, the first petitioner was asked to submit explanation as to under what authority he has passed resolution criticising the Bar Council and publishing the same through social media without any basis. Similar show cause notice was also issued to the Dindigul Bar Association. The first petitioner submitted his explanation on 19.12.2022. Being dissatisfied with the same, the respondent authorities sent a communication dated 18.03.2023 informing that the General Council passed a resolution calling for further explanation from the first petitioner. In response to the same, the first petitioner submitted another explanation on 0