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CDJ 2025 MHC 7174 print Preview print print
Court : Before the Madurai Bench of Madras High Court
Case No : W.P.(MD). No. 35816 of 2025 & W.M.P.(MD). No. 28439 of 2025
Judges: THE HONOURABLE MR. JUSTICE R. VIJAYAKUMAR
Parties : K.R. Kalathinathan Versus The District Registrar (Administration)/Registrar of Societies, District Registrar Office, Thanjavur & Others
Appearing Advocates : For the Petitioner: T. Sakthi Kumaran, Advocate. For the Respondents: R1, Veera Kathiravan, Additional Advocate General, A. Kannan, Additional Government Pleader, R2, G. Prabhu Rajadurai, R3, C.M. Arumugan, R4, V.A. Dona Aravinda Balaji, Advocates.
Date of Judgment : 15-12-2025
Head Note :-
Constitution of India - Article 226 -
Judgment :-

(Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 1st respondent to consider the representation dated 26.11.2025 of the petitioner and declare that the Election Notice dated 09.10.2025 issued by Joint Advocates Association Council of Tamil Nadu and Puducherry (JAAC) and Election fixed to be conducted on 20.12.2025 to elect only Three Office Bearers viz. Chairman, General Secretary and Treasurer to the Joint Advocates Association Council Council of Tamil Nadu and Puducherry (JAAC) for the the year 2026-2028 are violation of Bye-Law of JAAC dated 03.01.2028 and illegal and consequently, to direct the 2nd to 5th respondents to conduct the Election to elect Officer Bearers and Executive Committee Members as per the provisions in the Bye-Law dated 03.01.2018 of JAAC within a time limit to be fixed by this Honble Court and pass such other or further orders as this Honble Court may deem fit and proper in the circumstances of this case and thus render justice.)

1. The above writ petition has been filed for the following relief:-

                     “Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 1st respondent to consider the representation dated 26.11.2025 of the petitioner and declare that the Election Notice dated 09.10.2025 issued by Joint Advocates Association Council of Tamil Nadu and Puducherry (JAAC) and Election fixed to be conducted on 20.12.2025 to elect only Three Office Bearers viz. Chairman, General Secretary and Treasurer to the Joint Advocates Association Council Council of Tamil Nadu and Puducherry (JAAC) for the the year 2026-2028 are violation of Bye-Law of JAAC dated 03.01.2028 and illegal and consequently, to direct the 2nd to 5th respondents to conduct the Election to elect Officer Bearers and Executive Committee Members as per the provisions in the Bye-Law dated 03.01.2018 of JAAC within a time limit to be fixed by this Honble Court and pass such other or further orders as this Honble Court may deem fit and proper in the circumstances of this case and thus render justice.”

2. A perusal of the typed set of papers reveal that election to the Joint Advocates Association Council of Tamil Nadu & Puducherry (JAAC) was declared by the Election Officer by way of a notification dated 09.10.2025, fixing date of election as 07.12.2025. As per the said notification, election has been declared only for three posts viz., Chairman, General Secretary (President) and Treasurer.

3. According to the learned counsel appearing for the petitioner as per the Bye-Laws, for two more posts viz., Vice President and Deputy General Secretary election should have been announced. However, in violation of the Bye-Laws, election has been declared for the three posts viz., Chairman, General Secretary (President) and Treasurer only.

4. According to the learned counsel appearing for the petitioner, as per the said notification, the Bar Association shall have one vote for every 50 members. Therefore, voting right of every member has been taken away. He further submits that year of experience has not been prescribed for the post of Chairman, General Secretary (President) and Treasurer which is in violation of the Bye-Laws.

5. Therefore, according to the learned counsel appearing for the petitioner the election petition is completely in violation of the Bye-Laws.

6. Heard the learned counsel on either side and perused the materials available on records.

7. The present writ petition has been filed seeking a mandamus without challenging the election notification dated 09.10.2025.

8. That apart, the election to a society, if it is challenged on the ground of violation of any Bye-Law, it should be challenged only before the competent Civil Court.

9. In such circumstances, this Court is of the considered opinion, the power under Article 226 of the constitution of India cannot be exercised to entertain the present writ petition.

10. With the above deliberations, the writ petition stands disposed of with liberty to the petitioner to raise all the grounds before the competent civil Court. No costs. Consequently, connected miscellaneous petition is closed.
 
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