The Madras High Court has directed the Bar Council of Tamil Nadu and Puducherry to oversee the election process for the Egmore Court Advocates Association (ECAA).

The Division Bench of Justice SM Subramaniam and Justice C Kumarappan directed the State Bar Council to appoint an Election Commissioner and necessary officers to assist in conducting the elections in accordance with ECAA's existing approved bylaws.

The Court emphasized the Bar Council's responsibility to ensure peaceful elections within recognized bar associations and warned of disciplinary action against advocates engaging in unruly or illegal activities during the process.

"....the first respondent-Bar Council of Tamil Nadu and Puducherry is directed to appoint Election Commissioner and required number of Officers to assist the Election Commissioner to conduct peaceful election for ECAA and the Election Schedule also shall be published by the Bar Council of Tamil Nadu. The entire exercise of completion of election process and declaration of results must be done on or before 30.08.2024," the Court ordered..

It further said, "It is needless to state that the present election will be conducted as per the existing approved byelaws of ECAA. The third respondent/Commissioner of Police is directed to provide necessary police protection for conduct of election by the Bar Council of Tamil Nadu and Puducherry at Egmore Association premises in a peaceful manner.

The directions came during the hearing of a Writ Petition challenging the Bar Council's procedures, which had instructed the ECAA to conduct elections based on an Enrolment Committee order.

Concerns were raised over the prolonged tenure of office bearers due to delayed elections amidst ongoing legal proceedings. Acknowledging the importance of democratic processes, the Court underscored the necessity for timely elections without further delay. "We are of the considered view that the democratic process of election must be conducted without causing any undue delay. No elected Office Bearers should be allowed to continue after expiry of their term as prescribed under the byelaws approved by the competent Authority under the statute," it said.

While suggestions were made for the court or the General Body of the Association to appoint an Election Commissioner, the Court declined to intervene, emphasizing the Bar Council's authority and duty in conducting fair elections. It highlighted that the Bar Council's role should not be undermined, reiterating its duty to uphold the integrity and decorum of legal practices within and outside court premises.

"The Bar Council of Tamil Nadu and Puducherry is the Statutory Body recognising the Bar Associations across the State of Tamil Nadu. Hundreds of such Associations are recognized by the Bar Council of Tamil Nadu and Puducherry and their activities are being monitored by them. Recognition of Bar Associations by the Bar Council of Tamil Nadu and Puducherry is of paramount importance for varieties of reasons," the Court said.

Furthermore, the Court said, "The Advocates are Officers of the Court and they are part justice delivery system. They have got duty towards the Court, litigant and their colleagues. They cannot be treated as aliens in the Court premises. Their duties towards the Court are onerous, as they are part of the institution."

While posting the matter for further consideration on August 30, the Court directed, "The first respondent is directed to submit a report of compliance before this Court on 30.08.2024."

Cause Title: S. Chandan Babu v. Bar Council of Tamil Nadu and Puducherry and Another

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Justice SM SubramaniamJustice C. KumarappanMadras High Court

Sukriti Mishra