Madras High Court Sets Aside Single Judge Order Against Madras Bar Association For Allegedly Preventing Non-Member From Drinking Water

The bench of Justice S Vaidyanathan and Justice K Rajasekar allowed the appeal preferred by the association against the single judge order.

The single judge had heavily criticized the bylaws of the association and observed that the bylaws were formulated in such a manner that ordinary Advocates found it difficult to get membership thus resulting in class discrimination. The judge had also noted that since the association was functioning inside the court premises and enjoying all the benefits including free electricity, such elitism could not be allowed in a public place using the money.

The petition was initially filed by a Senior Lawyer of the Madras High Court, Elephant Rajendran after his son was prevented from drinking water at the association hall by another senior advocate. Thus, the association was accused of discriminatory practices including in the manner in which its membership was carried out.

Though the association had denied the allegations and sought to close the matter since both the Senior Counsel and the petitioner’s son were no more, the single judge had observed that the issue did not die with the persons and that it was necessary to address the social issues.

When the appeal was previously taken up, the court had stayed the operation of the order of single judge till disposal of the case and said that the single judge ought to have referred the matter to a division bench as all the matters in which the Registrar General is made a party are to be heard by a division bench as per the Madras High Court Writ Rules 2021. The court had noted that the single judge had failed to consider that the senior lawyer, against whom specific allegations were raised was not made a party to the proceedings and even though the senior advocate was no more, the court had gone ahead and passed a slew of directions.

Also Read - Allegation Of Caste Discrimination In Madras Bar Association Far-Fetched; Discrimination Doesn’t Flow From Membership Denial : Madras High Court

Citation: 2023 LiveLaw (Mad) 341

Case Title: The Secretary v Elephant G Rajendran and others

Case No: WA 1354 of 2023