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2025 Supreme(Online)(Mad) 47772
IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M. SUBRAMANIAM, A.D.MARIA CLETE, JJ
G.Chidambaram – Appellant
Versus
The Secretary, O/o.The Bar Council of Tamil Nadu and Puducherry – Respondent
W.P(MD)No.11455 of 2025 | W.P(MD)No.11518 of 2025
For the Appellants/Petitioners: Mr.A.Mithun Chakravarthy for Ms.A.Banumathy, Mr.J.Barathan
For the Respondents: Mr.K.R.Laxman, Mr.C.Venkatesh, Mr.S.C.Herold Singh, Mr.P.Thilak Kumar
Court mandated the Bar Council to conduct elections promptly, emphasizing the adherence to rules and the necessity of neutrality in the election process.
Headnote:(A) Constitution of India - Article 226 - Writ petitions filed seeking directions for conducting elections for the Tirunelveli Bar Association for the year 2025-2026 - Claims of illegality regarding the election process based on prior resolutions - Court held that the Bar Council is mandated to oversee elections and must ensure adherence to guidelines for the electoral process - Responsibilities of Bar associations and implications of delay in elections examined. (Paras 1-10)
(B) Elections - The court reiterated that elections must be conducted promptly, and delays are to be viewed seriously by the Bar Council, suggesting the appointment of a neutral panel to facilitate the election process. (Paras 7-8)
Facts of the case:
The term of the elected office bearers expired in April 2025; organizing elections was impeded due to a dispute among members regarding the election process.
Findings of Court:
The Bar Council was directed to conduct elections without delay and to adhere to the relevant bye-laws and procedures.
Issues: Disputes over the legality of election resolutions and the process for verifying voters were central to the petitions.
Ratio Decidendi: The court emphasized the importance of the Bar Council’s role in overseeing elections and addressing delays effectively, ensuring lawful conduct of the electoral process.
Result: Writ Petitions disposed of with specific directions issued.
| Table of Content |
|---|
| 1. election process and verification committee for bar association. (Para 1 , 2) |
| 2. court's role in ensuring lawful election conduct. (Para 3 , 4 , 5) |
| 3. directions for bar council's responsibility in election management. (Para 6 , 7 , 8) |
| 4. mandate for timely elections and adherence to guidelines. (Para 9) |
| 5. final disposal of writ petitions with directives. (Para 10) |
(Order of the Court was made by S.M.SUBRAMANIAM, J.)
W.P(MD)No.11455 of 2025 has been instituted to direct the respondents 3 and 4 to form a verification committee based on the resolution dated 06.02.2025. Subsequently, the second respondent is to conduct the election for the Tirunelveli Bar Association for the year 2025-2026 in accordance with the rules, based on the petitioner's representations dated 07.04.2025 and 16.04.2025.
2.W.P(MD)No.11518 of 2025 has been instituted for a Writ of Declaration to declare the election process for the second respondent Association for the year 2025-2026, as per the resolution dated 15.04.2025 passed by the Executive Committee, as illegal, null and void and contrary to the One Bar One Vote principle laid down by the Honourable Supreme Court of India in the case of Supreme Court Bar Association Vs. B.D.Kaushik reported in2011 (13) SCC 774 and2012 (6) SCC 152. The petitioner also seeks a direction to the respondents 1 and 2 to complete the process of verification of non-practising advocates and delete their names from the voters' list in accordance with bye-law
11(ii) of the second respondent Association.
3.It is not in dispute that the term of the elected office bearers ended in April 2025. An election is to be conducted for electing new office bearers of the members of the Tirunelveli Bar Association. However, on account of dispute between some members, the elections could not be conducted in a peaceful manner. Some members have filed W.P(MD)No.11518 of 2025 seeking a declaration to declare the resolution dated 15.04.2025 passed by the Executive Committee as null and void and contrary to the One Bar One Vote scheme, which has already been implemented.
4.By way of an interim order dated 29.04.2025, this Court appointed an Advocate Commissioner, who in turn, till today is in the process of verifying the voters' list. Allegations have been raised by few members against the Advocate Commissioner appointed by this Court. A single Advocate Commissioner may not be in a position to conduct the election of this Bar Association effectively. Therefore, this Court is of the considered view that the Bar Council of Tamil Nadu and Puducherry has to take the responsibility. It is the duty mandated on the Bar Council of Tamil Nadu and Puducherry, since the Tirunelveli Bar Association is recognized by the Bar Council of Tamil Nadu and Puducherry. Appointing an Advocate Commissioner for conduct of election in such circumstances would do no service to the cause of justice. Contrary allegations are raised against the Advocate Commissioner one way or another which will not yield any result but would lead to multiplicity of legal proceedings.
5.The parties have agreed that the Bar Council of Tamil Nadu and Puducherry may be directed to conduct the election to the Tirunelveli Bar Association.
6.The learned counsel appearing for the Bar Council of Tamil Nadu and Puducherry would submit that a panel of neutral persons will be appointed to conduct the election to the Tirunelveli Bar Association by sorting out all the issues and by following the bye-laws of the Association and in consonance with the guidelines issued by the Bar Council of Tamil Nadu and Puducherry for conduct of election.
7.This Court has reiterated time and again that elections are to be conducted promptly on expiry of term. Any delay in conducting the election to be viewed seriously by the Bar Council of the Tamil Nadu and Puducherry. In the event of delay, an Ad-hoc Committee is to be appointed for taking over the administration of the Association.
8.In the present case, the ter
