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.
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