IN THE HIGH COURT OF JUDICATURE AT MADRAS
N.Sathish Kumar, M.Jothiramane, JJ
R.Subramoniarajan – Appellant
Versus
Secretary, Bar Council of Tamil Nadu and Puducherry – Respondent
W.P.(MD)Nos.12713, 12926, 12927, 12928, 12929 of 2026
| Table of Content |
|---|
| 1. dispute regarding membership removal and electoral rights in a bar association. (Para 1) |
| 2. parties argument regarding eligibility to vote versus alleged dual membership. (Para 2) |
| 3. application of 'one bar, one vote' principle by the regulatory body. (Para 3) |
(Order of the Court was made by N.SATHISH KUMAR, J.)
These writ petitions are filed aggrieved by the order of removal of the mass members from the Boothapandi Bar Association, Kanyakumari District on the ground that they have formed other association and to restore their names again as the members of that Association.
2. The learned counsel appearing for Boothapandi Bar Association would submit that they are ready to conduct the election as per the rules, whereas, the learned counsel for the petitioners submits that eligible members have been debarred. They would further submit that among the removed members of Boothapandi Bar Association, 51 members are eligible to cast their votes. Learned counsel for the 2nd respondent would submit that some of the removed members are also members of other Bar Associations.
3. We are of the view that election has to be conducted in tune with the directions issued by the Hon'ble Supreme Court in S.L.P.No. 1404 of 2025 dated 16.04.2026. Whether the removed members are associated with other association may be easily verified with the Bar Council/1st respondent. Any objection is raised with regard to casting of votes, the same shall be decided by the 1st respondent on "One Bar, One Vote" basis. All the members of the 2nd respondent Association including the removed members are entitled to participate in the election, but their eligibility shall be decided by the 1st respondent. If the members passed the test of "One Bar, One Vote", they are certainly entitled to caste their votes. Such verification should be done by the 1st respondent within a period of 15 days from the date of receipt of a copy of this order. Thereafter, election shall be conducted giving fair participation of women members of the District Bar Associations as directed by the Apex Court, within a period of one month thereafter. The 1st respondent shall consider their proceedings in R.O.C.No.285 of 2021 dated 13.02.2021 while deciding the objections.
4. With the above directions, the Writ Petitions are disposed of.
No costs. Consequently, connected miscellaneous petitions are closed.
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