Madras High Court Directs TN Bar Council To Facilitate Elections For Egmore Court Advocate's Association

Justice SM Subramaniam and Justice C Kumarappan directed the State Bar Council to appoint an Election Commissioner and the required number of officers to assist the election commissioner in peacefully conducting the election as per the existing approved byelaws of ECAA. The court noted that the Bar Council was bound to take responsibility for conducting peaceful elections to the recognized bar associations and take appropriate disciplinary action in case of any unruly behavior.

“The Bar Council is bound to take responsibility for conducting peaceful elections in recognised Associations. In the event of any unruly behavior of the members of the Bar Association or any unlawful or illegal activities, the Bar Council of Tamil Nadu and Puducherry is bound to initiate appropriate disciplinary action against the Advocates, involving in such activities,” the court said.

The court also directed the Commissioner of Police to provide necessary police protection for the smooth conduct of the elections in the Association premises.

The court was hearing a writ petition challenging the proceedings of the Bar Council through which the bar council asked the ECAA to conduct the election by following an order of the Enrolment Committee. The parties informed the court that the term of elected officebearers had expired long back and their continuation was causing concern amongst the advocates. It was also informed that due to the pendency of the writ, the elections could not be conducted.

The court observed that the democratic process of election should be conducted without any delay. Though the parties suggested that the an Election Commissioner be appointed by the court or through the General Body of Association, the court was not inclined to appoint the Election Commissioner either by itself or through the General body.

The court added that the Bar Council should not be undermined by appointing an Election Commissioner at the choice of the court. The court observed that the bar council had a duty to ensure peaceful elections and must take all possible steps to ensure the same.

The court noted that the bar associations, which are allowed to function in the premises of the High Court have a duty towards the court, litigants and their colleagues. The court added that the lawyers were expected to maintain utmost decorum while conducting the activities of the Bar Associations.

“When free accommodations and other infrastructure facilities are provided by the Judicial Administration for Bar Associations for their benefit to practice legal profession peacefully, equally they are duty bound to maintain decorum and integrity, while practicing legal profession both inside and outside the Court premises,” the court observed.

The court thus directed the Bar Council of Tamil Nadu & Puducherry to conduct the election before August 30, 2024, and submit a status report. 

Citation: 2024 LiveLaw (Mad) 263

Case Title: S Chandan Babu v Bar Council of Tamil Nadu and Puducherry and Another

Case No: WP 30161 of 2019