Madras High Court: In a writ petition filed against the order of the Bar Council of Tamil Nadu and Puducherry, wherein, the Bar Council said that the Egmore Court Advocate’s Association (‘ECAA’) should conduct Election by following the order dated 24-05-2019 passed by the Enrollment Committee in the matter of G.T. Bar Association, the division bench of S.M. Subramaniam* and C. Kumarappan, JJ. gave the following directions:
The Bar Council of Tamil Nadu and Puducherry to appoint Election Commissioner and required number of Officers to assist the Election Commissioner to conduct peaceful election for ECAA. Further, the Bar Council of Tamil Nadu was directed to publish the Election Schedule, and to complete the entire exercise of election process and declaration of results on or before 30-08-2024.
The present election was directed to be conducted as per the existing approved byelaws of ECAA.
The Commissioner of Police was directed to provide necessary police protection for conduct of election by the Bar Council of Tamil Nadu and Puducherry at Egmore Association premises in a peaceful manner.
The Bar Council of Tamil Nadu and Puducherry was directed to submit a report of compliance before this Court on 30-08-2024.
The Court noted that the term of the elected Office Bearers expired long back and the Office Bearers even after expiry of term is continuing, which is causing a concern amongst the Advocates practicing in ECAA.
The ECAA members insisted on conducting an election and due to the pendency of the present writ petition, elections cannot be conducted.
The Court viewed that the democratic process of election must be conducted without causing any undue delay. No elected Office Bearers should be allowed to continue after expiry of their term as prescribed under the bye-laws approved by the competent Authority under the statute.
The Court said that though the parties have expressed different ideas regarding conduct of election either through this Court by appointing an Election Commissioner or through the Election Commissioner appointed by the General Body of the Association, it is not inclined to appoint the Election Officer for conducting election or to go by the General Body Resolution, in the present case, in view of the dispute prevailing amongst the members of the ECAA.
The Court said that the elections of the Bar Associations cannot be conducted in an isolated manner, since such elections are conducted within the Court premises, which is a public premise. Utmost decorum is to be maintained while conducting activities of the Bar Associations recognized not only by the Bar Council of Tamil Nadu and Puducherry, but also by the Judicial Administration in the State of Tamil Nadu and Puducherry. When free accommodations and other infrastructure facilities are provided by the Judicial Administration for Bar Associations for their benefit to practice legal profession in a peaceful manner, equally they are duty bound to maintain decorum and integrity, while practicing legal profession both inside and outside the Court premises.
The Court further said that the functions of the Bar Council of Tamil Nadu need not be undermined unnecessarily by the Courts by appointing an Election Commissioner at the choice of the Court. The Bar Council is the body constituted under the Act and recognizes the Associations based on the Act and Rules. Thus, the Bar Council is bound to take responsibility for conducting peaceful elections in recognised Associations.
The matter will next be taken up on 30-08-2024.
[S.Chandan Babu v Bar Council of Tamil Nadu, W.P.No.30161 of 2019, decided on 19-06-2024]
*Order by: Justice S.M. Subramaniam
The post appeared first on .