IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 7TH FEBRUARY 2011 / 18TH MAGHA 1932 WP(C).No. 3003 of 2011(A) -------------------------------------- PETITIONER(S): ------------------------ MATHAI VARKEY MUTHIRENTHY,ADVOCATE, AGED 62 YEARS,S/O.VARKEY,OLD RAILWAY STATION ROAD, COCHIN-18. BY ADVS. SRI.P.SANJAY SRI.BIJU MEENATTOOR SMT.A.PARVATHI MENON RESPONDENT(S): ------------------------ 1. THE BAR COUNCIL OF KERALA,BAR COUNCIL BHAVAN,HIGH COURT CAMPUS,ERNAKULAM,KOCHI-31, REPRESENTED BY ITS CHAIRMAN. 2. THE SECRETARY,BAR COUNCIL OF KERALA, BAR COUNCIL BHAVAN,HIGH COURT CAMPUS, ERNAKULAM,KOCHI-31. 3. THE EXECUTIVE COMMITTEE,BAR COUNCIL OF KERALA,BAR COUNCIL BHAVAN,HIGH COURT OF CAMPUS, ERNAKULAM,KOCHI-31. 4. THE ERNAKULAM BAR ASSOCIATION, ERNAKULAM. 5. THE KERALA HIGH COURT ADVOCATES' ASSOCIATION,ERNAKULAM. R2 BY ADV. SRI.GRASHIOUS KURIAKOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss ANTONY DOMINIC, J. ------------------------- W.P (C) No.3003 of 2011 -------------------------- Dated this the 7th February, 2011 J U D G M E N T Petitioner is an Advocate enrolled with the 1st respondent and is also a member of respondents 4 and 5. 2. Elections to the 1st respondent is scheduled to be held on 12th March, 2011 and the petitioner is also contesting the election. On an earlier occasion, complaining that elections should not be held on a holiday, after making a representation to the 1st respondent requesting for changing of polling date, petitioner approached this Court by filing Writ Petition No.37364/2010. That writ petition was disposed of by Ext.P10 judgment recording the submission of the learned standing counsel appearing for the 1st respondent that the representation made by the petitioner will be considered in the meeting of the Bar Council. Accordingly, his representation requesting for rescheduling the election was considered by the Bar Council and the Bar Council has informed him of its inability to reschedule the election now scheduled to be W.P (C) No.3003 of 2011 2 held on 12.3.2011. 3. It is aggrieved by the aforesaid decision of the Bar Council, the writ petition has been filed mainly requesting that at least the polling at Ernakulam should be rescheduled to a working day. As far as scheduling of election on a holiday is concerned, referring to Exts. P11 and P12 resolutions of respondents 4 and 5, petitioner submits that the High Court and District Court Bar Associations have also requested for changing the polling date. As far as this request is concerned, referring to Rule 6 of the Bar Council of Kerala Rules, 1979, the learned counsel appearing for the Bar Council submits that change in the polling date as sought for in Exts.P11 and P12 will upset the whole election itself. Therefore, it is submitted that the request of the petitioner cannot be acceded. 4. The request of the Keral High Court Bar Association mainly is that many of its members are from other stations and hence if election is scheduled on a holiday, those members will not be able to exercise their franchise at Ernakulam. Having regard to the genuine grievance, I feel that it is only appropriate that the Bar W.P (C) No.3003 of 2011 3 Council should give facility to such members to exercise their franchise in stations of their choice provided the concerned Advocates make appropriate requests to the Bar Council well in time. 5. Therefore, I direct that it will be open to such members of the 5th respondent who want to exercise their franchise in other stations to make appropriate representations to the 2nd respondent requesting to grant permission to exercise their franchise in stations of their choice, in which event, the 2nd respondent will consider the request and pass appropriate orders enabling them to exercise their franchise at their own station choice. 6. Having regard to the fact that election is scheduled to be held on 12th March, 2011, it is directed that such representations shall be made by the concerned Advocates within seven days from today. With the above direction, the writ petition is disposed of. ANTONY DOMINIC JUDGE ma