W.P(MD)No.15090 of 2022

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 20.07.2022

CORAM

THE HONOURABLE MR.JUSTICE S.S.SUNDAR

AND

THE HONOURABLE MRS.JUSTICE S.SRIMATHY

W.P(MD)No.15090 of 2022

W.M.P(MD).No.10794 of 2022

P.Ganapathi

... Petitioner

Vs.

1.The Secretary,

Bar Council of Tamil Nadu and Puducherry,

High Court Campus,

Chennai-600 104.

2.The Election Officer,

Srivilliputhur Bar Association,

Srivilliputhur Combined Courts Campus,

Srivilliputhur,

Virudhunagar District-626 135. ... Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of

India, praying this Court to issue a Writ of Mandamus, directing the

second respondent to re-call the election notification scheduled to be

conducted on 20.07.2022 and call for election afresh for the

Srivilliputhur Bar Association and to receive nomination afresh after

finalization of the voters list of the Association by the second respondent

and concurrence by the first respondent.

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W.P(MD)No.15090 of 2022

For Petitioner

: Mr.B.Rooban

For Respondents

: Mr.K.R.Laxman for R1

Standing Counsel for Bar Council

Mr.K.P.Narayanakumar for R2

O R D E R

(Order of the Court was made by S.S.SUNDAR, J.)

Heard Mr.B.Rooban, learned counsel appearing for the petitioner,

Mr.K.R.Laxman, learned Standing Counsel appearing for the first

respondent and Mr.K.P.Narayanakumar, learned counsel appearing for

the second respondent.

2. This Writ Petition has been filed for issuance of a writ of

Mandamus, to direct the second respondent to re-call the election

notification scheduled to be conducted on 20.07.2022, call for election

afresh for Srivilliputhur Bar Association and to receive nomination

afresh after finalization of the Voters list of the Association by the second

respondent and concurrence by the first respondent.

3. The grievance of the petitioner is that the petitioner has filed his

nomination to contest the election. His nomination was proposed by the

members of the Bar Association. Since a person, who proposed the

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W.P(MD)No.15090 of 2022

nomination of the petitioner, has now given declaration that he will

confine his membership to Rajapalayam Bar Association, the first

respondent Association may not consider his candidature.

4. The learned Standing Counsel appearing for the first respondent

submitted that the person, who proposed the nomination of the petitioner

by name, Ramar, is included in the second list of 94 members and

therefore, the grievance of the petitioner has no substance.

5. It is made clear by the learned counsel appearing for the first

respondent that the petitioner will be permitted to participate in the

election as a contestant and his candidature to contest the election will

not be rejected by the first respondent on the ground that the person, who

proposed the nomination of the petitioner, is not the member of the first

respondent Association.

6. The learned counsel appearing for the petitioner submitted that

the Bar Council has cleared the list of 314 members, out of which, 312

members are eligible and two persons, who were found in serial Nos.183

and 257 of the list, are the elected office bearers of the other

Associations.

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W.P(MD)No.15090 of 2022

7. It is contended for by the learned Standing Counsel for the first

respondent that the election will be conducted with 312 candidates from

the first list and as regards the second list, out of 94 members, 93

members are eligible as the declaration form submitted by one

P.Munniyandi was returned and it was not re-submitted.

8. Therefore, this Court resolves that the election scheduled to be

held on 20.07.2022 or any other date shall go on with 312 members as

per the first lis