V ABDUL AZEEZ Vs. ALAPPUZHA BAR ASSOCIATION

JUDGEMENT

(1.) Alapuzha Bar Association by a resolution adopted in an extraordinary general body meeting held on 10-1-1992 resolved to remove 12 members from the Bar Association. The resolution Ext. R1(b) describes them as retired hands. That resolution is under challenge in this original petition filed by the expelled members who seek a writ of certiorari or other appropriate writ or direction to strike down that resolution.

(2.) Before joining the Bar at Alapuzha, petitioners had been in service either under the Government of Kerala, the Government of India or public undertakings. They were duly enrolled as members of the first respondent Bar Association. The Alapuzha Bar Association was incorporated under. Sec. 28 of the Travancore Companies Act. Article 4(1) of the Memorandum of Association stipulates that membership is open to all advocates and pleaders entitled to practice in all or in any of the Civil Courts of Travancore and permanently residing within the jurisdiction of Munsiff's Court, Alapuzha. Petitioners are eligible to become members of the association.

(3.) Petitioners are also members of Kerala Advocates Welfare Fund. Such membership can be obtained only through a Bar Association. Petitioners have become members of the fund through first respondent association. They continue to be on the roll of advocates under the Bar Councils Act. They were expelled from the membership in violation of the relevant constitutional guarantees and principles of natural justice solely on the ground that they are retired personnel. First respondent has not informed them of the expulsion whereas they knew about removal of membership from newspaper reports. The resolution of expulsion from membership passed against petitioners is null and void. The extraordinary general body meeting at which the resolution was adopted has no legal sanctity. It also violates the constitutional guarantee available to petitioners to practice a profession of their choice. Petitioners seek a direction in the nature of a writ of certiorari to quash that resolution.