Madras High Court disposes plea terming elections of Criminal Courts Advocate Association as illegal

The Madras High Court disposed of a Petition filed seeking declaration that the Election (2023-2024) result notice of the Criminal Courts Advocates Association, Tiruchirappalli, dated 28.07.2023, by the respondent was illegal and passed appropriate orders in accordance with law.  

The Counsel for the petitioner submits that large scale illegalities were committed in the election of the Criminal Courts Advocates Association, Trichy. The provision of one Member one Bar vote applies. Many members, who had voted in the other Associations, have again exercised their rights to vote in the present election also. 

The counsel submits that the same is illegal. Even the appointment of the Election Officer was not in accordance with the procedure. 728 Voters had cast their votes on the date of election i.e., on 28.07.2023. One Bar one vote Rule is violated.   

While considering the Petition,  the Division Bench of Chief Justice Sanjay V. Gangapurwala and Justice C. Kumarappan noted that the election is over. The  counsel for the petitioner affirms that the petitioner has not contested the election. The Petition is filed only on the ground that the election was not free and fair and also not in accordance with the Rules of the Bar Council.

The matter would involve disputed questions of fact. Enquiry cannot be made into such disputed questions of facts in a Writ jurisdiction.It is submitted that the Criminal Courts Advocates Association is registered under the Societies Registration Act. The petitioner may invoke the provisions of the said Act to challenge the election, as may be permissible under law. The petitioner is not directly affected, as he has not contested the Election. No doubt, the voter can challenge the Election , the Court observed.

“The matter would involve investigation with the disputed questions of fact and the same would not be permissible under the Writ jurisdiction of this Court. So also, if the election is challenged, elected Members of the Advocates Association also would be required to be arrayed as parties, but the same has not been done”, the order reads.