IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 04.01.2011 C O R A M THE HONOURABLE MR.JUSTICE P.JYOTHIMANI Writ Petition No.16 of 2011 and M.P.No.1 of 2011 R.Subburaj ... Petitioner -Vs.- 1. The Bar Council of Tamil Nadu and Puducherry, Rep. by its Secretary, Bar Council Buildings, High Court Campus, Chennai – 600 104 2. Madurai Bar Association, Rep. by its Secretary, District Court Buildings, Madurai – 625 020 ... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus directing the first respondent to include the petitioner's name in the voters list for the election to the Bar Council of Tamil Nadu and Puducherry scheduled to be held on 04.03.2011 to enable him to exercise his right as an advocate enrolled in the Bar Council of Tamil Nadu. For Petitioner : Mr. K.Elango For Respondents : Mr. P.S.Raman, Advocate General, for R-1 O R D E R Mr. P.S.Raman, learned Advocate General, takes notice for the first respondent. With consent of the learned counsel on either side, the writ petition is taken up for final disposal at the admission stage itself. 2. The writ petition is for a direction against the Bar Council of Tamil Nadu and Puducherry to include the petitioner's name in the Voters List for the election to the Bar Council of Tamil Nadu and Puducherry scheduled to be held on 04.03.2011 to enable him to exercise his right as an advocate enrolled in the Bar Council of Tamil Nadu. 3. The case of the petitioner is that admittedly, the schedule for the election to the Bar Council of Tamil Nadu and Puducherry has been fixed as 04.03.2011 and the final list of voters has been prepared in which the name of the petitioner did not find place. It is admitted that the petitioner has not paid the arrears of subscription to the Advocates Welfare Fund of the Bar Council of India. https://hcservices.ecourts.gov.in/hcservices/ 4. As per the Bar Council of India Rules, (Under the Advocates Act, 1961), Section IV-A (Revised rules came into effect from 1-4- 1984 (Rules 47 to 54 re-numbered as 45 to 52), every Advocate whose name finds place in the rolls of the State Bar Council shall pay a sum of Rs.300/- every third year commencing from 1st August 2001 so as to enable him / her to be included in the list of advocates to be eligible to vote in the election. Section IV-A, 40 is as follows:- "Section IV-A 40. Every Advocate borne on the rolls of the State Bar Council shall pay to the State Bar Council a sum of Rs.300/- every third year commencing from 1st August 2001 along with a statement of particulars as given in the form set out at the end of these Rules, the first payment to be made on or before 1st August 2001 or such extended time as notified by the Bar Council of India or the concerned State Bar Council. Provided further however that an advocate shall be at liberty to pay in lieu of the payment of Rs.600/- (Contribution enhancement vide Resolution No.130/2006, dt. 16-9-2006) every three years a consolidated amount of Rs.1,000/-. This will be a life time payment to be kept in the fixed deposit by the concerned State Bar Council. Out of life time payment, 80% of the amount will be retained by the State Bar Council in a fixed deposit and remaining 20% has to be transferred to the Bar Council of India. The Bar Council of India and State Bar Council have to keep the same in a fixed deposit and the interest on the said deposits shall alone be utilized for the Welfare of the Advocates. (Proviso to Rule 40 amended vide Res. No.66/2001 dt.22-6-2001 w.e.f. 1-8-2001)." 5. As pointed out by the learned Advocate General, as per the Bar Council of Tamil Nadu Election Rules, (Framed by the Bar Council of Tamilnadu and Bar Council of India), as on December 2010, Rule 13 contemplates the preparation of the preliminary list of voters. Under Rule 13 (f), which reads as follows, "13. (e) The Secretary shall cause such alterations, and additions or omissions in the list prepared in the light of the applications received and cause a Final list to be published in the Notice Board of the Bar Council not more than 75 clear days and not less than 60 clear days before the date of election. Intimation of such publication shall be given within a week after the publication to the Bar Association and other concerned. (f) The entries in the list aforesaid shall be final and no additions, alterations, omissions can be made thereto excepting such alterations as may be necessary with reference to the death of an Advocate or the removal of the name of an Advocate for misconduct on order of suspension for misconduct or a voluntary suspension from practice before the date of polling and addition of (i) names of persons enrolled as Advocates in the Bar Council of Tamil Nadu 75 days before the date of polling or (ii) persons whose names were omitted in the list by mistake provided such mistake is brought to the notice of the Secretary and https://hcservices.ecourts.gov.in/hcservices/ corrected before 15 days of the date of polling." if by mistake, the name of a person has been omitted to be included in the list, such mistake can be brought to the notice of the Secretary within 15 days before the date of polling. 6. Learned Advocate General would submit that in respect of the payment to be made, as per the Bar Council of India Rules, a final chance may be given to all the members registered in the Bar Council of Tamil Nadu to make payment of arrears so as to enable them to be included as the members eligible to vote in the election for which the process has already commenced. 7. In such view of the matter, the writ petition stands disposed of with the following directions:- (i) the time for payment of the arrears of the amount payable, as per the Bar Council of India Rules, by the Advocates enrolled in the Bar Council of Tamil Nadu is directed to be extended till 19th January 2011 by the Bar Council of Tamil Nadu and thereafter the Bar Council shall fix the revised eligible voters list on or before 27th January 2011; it is made clear that this extension of time i.e., up to 19th January 2011 is given only in the present circumstances, so as to enable the Advocates who have enrolled in the Bar Council of Tamil Nadu to have one more chance; making it further clear that the time granted here shall not be extended at any cost beyond 19th January 2011. (ii) in respect of any omissions, by mistake, in including the names of the persons, the provisions of Rules 13 (e) and (f) of the Bar Council of Tamil Nadu Election Rules (Framed by the Bar Council of Tamilnadu and Bar Council of India) (December 2010) shall be scrupulously followed and unless such objections are made by the Advocates to the Secretary within 15 days before the date of polling, the Secretary is not bound to take up any other objections; making it clear that any objections made beyond the period of 15 days shall not be taken into consideration by the Secretary of the Bar Council of Tamil Nadu. 8. It is directed that the Bar Council of Tamil Nadu shall accordingly take effective steps by widely publishing the same so as to enable the Advocates to make payment of arrears before the time stipulated herein. No costs. Consequently, the connected MP is closed. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar srk https://hcservices.ecourts.gov.in/hcservices/ To 1. The Secretary, The Bar Council of Tamil Nadu and Puducherry, Bar Council Buildings, High Court Campus, Chennai – 600 104 2. The Secretary, Madurai Bar Association, District Court Buildings, Madurai – 625 020 1 cc To Mr.K.Elango, Advocate, SR.231 W.P.No.16 of 2011 & M.P.No.1 of 2011 KM(CO) RVL 05.01.2011 https://hcservices.ecourts.gov.in/hcservices/