MADRAS HIGH COURT STATES; ELECTED MEMBERS CAN’T CONTEST IN CONSECUTIVE ELECTIONS.

While considering a writ petition filed by a member of the Salem bar association; the petition challenges the decision of the Bar Council of Tamil Nadu and Puducherry. For constituting a special committee for the conduct of bar association election 2019. The bench comprises justice N kirubakaran and R pongiappan hears the plea.

The plea contends that the bar council comprises no power to pass such directions regarding election association; in which the committee passes many directions. Among other directions, the committee also bars elected members from contesting elections.

The bar council before the honorable bench presents that; they intervene based on complaints regarding manipulation skills by members. The bench contends that this also violates the “one bar one vote rule”.

While hearing the plea; the Madras HC observes that it has the power to make rules regarding the condition of the practice of lawyers. It can also prescribe other qualifications to office-bearers of the association.

The Madras HC further states that when the court envisages powers to make rules for the practice of advocates; so there lie no conditions as to questioning the capacity of the high court for regulating and prescribing the qualifications of office bearers.

In the urge of increasing monopoly in bar association, they leave the court with no other option than to intervene in the matter of interest of justice. So the court concludes that there shall lie a prohibition for advocates/bearers in the state to contest the next elections. It exempts them to contest the alternate elections only.

Read more blogs @advocatetanwar.com

Leave a Reply

Your email address will not be published. Required fields are marked *

This field is required.

This field is required.

Disclaimer

The following disclaimer governs the use of this website (“Website”) and the services provided by the Law offices of Kr. Vivek Tanwar Advocate & Associates in accordance with the laws of India. By accessing or using this Website, you acknowledge and agree to the terms and conditions stated in this disclaimer.

The information provided on this Website is for general informational purposes only and should not be considered as legal advice or relied upon as such. The content of this Website is not intended to create, and receipt of it does not constitute, an attorney-client relationship between you and the Law Firm. Any reliance on the information provided on this Website is done at your own risk.

The Law Firm makes no representations or warranties of any kind, express or implied, regarding the accuracy, completeness, reliability, or suitability of the information contained on this Website.

The Law Firm disclaims all liability for any errors or omissions in the content of this Website or for any actions taken in reliance on the information provided herein. The information contained in this website, should not be construed as an act of solicitation of work or advertisement in any manner.