IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 25.11.2025 CORAM THE HONOURABLE MR . JUSTICE N.SATHISH KUMAR AND THE HONOURABLE MR. JUSTICE M.JOTHIRAMAN W.P.No.45402 of 2025 and WMP.No.50585 of 2025 S.M.Vetrivel ... Petitioner Versus

1.The Secretary Bar Council of India No.21, Rouse Avenue Institutional Area Near Bal Bhawan New Delhi – 110 002

2.The Secretary Ministry of Law and Justice

4th Floor, A-Wing, Shastri Bhawan New Delhi – 110 001

3.The Secretary Law Department Government of Tamil Nadu The Secretariat, Old Building, 2nd Floor Chennai – 600 009

4.The Secretary The Bar Council of Tamil Nadu and Puducherry High Court Campus, Chennai – 600 104

5.The Secretary Ministry of Social Justice and Empowerment Government of India, Shastri Bhawan Dr.Rajendra Prasad Road, New Delhi – 110 001

6.The Chief Commissioner Persons with Disabilities 5th Floor, NISD Building Plot No.G-2, Sector -10 Dwarka, New Delhi – 110 075

7.The Secretary Parliamentary committee Committee Room – Main Parliament House Annexe New Delhi – 110 001

8.The State Commissioner Welfare of the Differently Abled No.5, Kamarajar Salai, Lady Wellington College Campus, Chennai – 600 005 .. Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India praying for a Writ of Mandamus, (a) directing the respondents 1 to 4 to reserve at least one seat for directing the respondents 1 to 4 reserve at least one seat for persons with Benchmark Disabilities out of the total 25 seats in the forthcoming State Bar council of TamilNadu and Puducherry Election 2025-26,in strict compliance with section 34 of the rights of persons with Disabilities Act, 2016, (b)direct the Bar Council of India to grant appropriate concession or exemption from the payment of the nomination fee of Rs.1,25,000/- for advocates with benchmark disabilities as a measure of reasonable accommodation under sections 3(5) and 20 of the said act.

For Petitioner : Mr.T.Gowthaman, Senior Counsel for Mr.S.Deepika For Respondents : Dr.G.Balu, Senior Panel Counsel for R2, R5 and R6 Mr.C.K.Chandrasekar for R4 Standing Counsel O R D E R (Order of the Court was made by N.SATHISH KUMAR, J.)

The petitioner seeks for the following directions:-

(a) directing the respondents 1 to 4 to reserve at least one seat for directing the respondents 1 to 4 reserve at least one seat for persons with Benchmark Disabilities out of the total 25 seats in the forthcoming State Bar council of TamilNadu and Puducherry Election 2025-26,in strict compliance with Section 34 of the Rights of Persons with Disabilities Act, 2016, (b) directing the Bar Council of India to grant appropriate concession or exemption from the payment of the nomination fee of Rs.1,25,000/- for advocates with benchmark disabilities as a measure of reasonable accommodation under sections 3(5) and 20 of the said Act.

2. Mr.Gowthaman, learned senior counsel would submit that the relief sought for by the petitioner in this petition is not to delay or stall the election, only the statutory principles will have to be incorporated by following reservation. Even the committee may not be in a position to consider the same in this election, at-least in future elections, the reservation may be useful. Therefore, seeks direction. He also brought to the notice of this Court the order of the Hon'ble Supreme Court in WP.(Civil).No.1045 of 2025 dated 03.11.2025, wherein, the Hon'ble Supreme Court has passed the following order:-

1. The present petitioner is a practicing advocate. It is worth noting that he often takes up the cause of the rights of persons with disability.

2. The instant writ petition, purportedly in public interest, has been filed inter alia seeking a direction to the Bar Council of India and Bar Council of Uttar Pradesh to reserve some of the positions in the Bar Council and Bar Associations for persons with disabilities, who are practicing as advocates.

3. It is not in dispute that the election for the Bar Council of Uttar Pradesh has already been notified, thou