R K CHANDRAMOHAN Vs. ELEPHANT G RAJENDRAN

JUDGEMENT

(1.) Whether the appellant is permitted to assume office as a member and whether he is to be allowed to contest for Chairmanship of Tamil Nadu State Bar Council for the term 2010-2015 is the point falling for consideration in these appeals. Being aggrieved by the Order 8.3.2011 made in Application Nos.1244 and 1245 of 2011 in C.S.No.7 of 2011, appellant/former Chairman of Bar Council of State of Tamil Nadu has come forward with these appeals.

(2.) The suit - C.S.No.7 of 2011 arises on the following facts:

(3.) The last election to the Bar Council of Tamil Nadu was held on 20.9.2005 and the Council was constituted on 12.10.2005. The term of office of the State Bar Council expired on 11.10.2010. In terms of the provisions of Section 8 of the Advocates Act and by virtue of resolution No.77 of 2010 passed by the Bar Council of India, the term of office of the Bar Council of Tamil Nadu was extended for a period of six months with effect from 12.10.2010. On the strength of the said extension, the State Bar Council convened a meeting on 23.12.2010 and passed resolutions fixing the date of election for the Bar Council of Tamil Nadu and Puducherry on 4.3.2011. By another resolution, special committee comprising of five senior advocates of High Court viz., Mr.G.Masilamani, Mr.M.Raveendran, Mr.S.V.Jayaramn, Mr.M.Venkatachalapathy and Mr.T.V.Ramanujam were appointed to scrutinise and monitor the conduct of the ensuing election with power to issue suitable instructions for the conduct of free and fair election and also power to nominate any number of advocates. To assist them in the conduct of elections., three advocates viz., Mr. T.V.Krishnakumar, Mr.S.Muthukrishnan and Mr.K.Mahendiran were appointed as Election tribunal as contemplated by the Rules. By 4th resolution, Bar Council of Tamil Nadu resolved to hand over the administration of the State Bar Council to the Advocate General with power to sign the cheques and operate the Bank accounts jointly with the Secretary. The election notification was issued on 27.12.2010 and the same was published in Tamil Nadu Government Gazette Part VI - Section 1, No.51-A. The notification was also published in the news paper on the following day and Press Release was issued by the Advocate General on 30.12.2010 confirming the election schedule and the appointment of the Secretary to the Bar Council of Tamil Nadu as the Returning Officer.