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2022 DIGILAW 1416 (AP)

N. Vijaya Bhaskar v. Union of India

2022-12-01

BATTU DEVANAND

body2022
ORDER : 1. This writ petition is filed under Article 226 of the Constitution of India, claiming the following relief: “To issue Writ of Mandamus directing the 1st respondent to see that implementation of the Advocates Act 1961 and Rules framed there under in proper and perspective way and declare the inaction of the 2nd respondent in taking action upon the complaint dated 01.11.2022 against the 3rd respondent who utterly failed to conduct elections as stipulated under the Bye Laws and to appoint an Ad-hoc Committee from the senior members of the Association to manage the affairs of the Bar Association and to conduct elections as illegal arbitrary against all cannons of fair play and natural justice and contrary to the model byelaws of the Bar Association Bar Council of State of Andhra Pradesh Amaravathi and also offends Articles 14, 19 and 21 of Constitution of India and consequently direct the respondents to appoint an Ad-hoc Committee from the senior members of the Andhra Pradesh High Court Bar Association to manage the affairs of the Bar Association and to conduct the election.” 2. Heard Sri Seetharam Chaparla, learned counsel appearing on behalf of Sri B. Balaiah, learned counsel for the petitioner on record. Sri N. Harinath, learned Deputy Solicitor General of India for Respondent No. 1, Sri S.V.R. Subramanyam, learned counsel for Respondent No. 2 and Ms. Sindhu Kumari, learned counsel for Respondent No. 3 and perused the material available on record. 3. Learned counsel for the petitioner submits that, the tenure of the Office Bearers and the Members of the Executive Committee of the respondent No. 3-A.P. High Court Bar Association expired by 31.03.2022. Without conducting elections for the next year, the so-called persons are illegally and unauthorizedly continuing as Office Bearers and Executive Committee members. As and when the election is not conducted before expiry of the tenure of the existing Executive Committee, the respondent No. 2 has to appoint an Ad-hoc Committee to look after the affairs of the respondent No. 3 Association and conduct elections for the Executive Body as per Byelaw 26 of the Model Bye-laws. The Andhra Pradesh State Bar Council is constituted under Section 6 of the Advocates Act, 1961. Being a statutory body, the respondent No. 2/A.P. Bar Council has to discharge its functions as per the provisions of the Advocates Act. 1961. The Andhra Pradesh State Bar Council is constituted under Section 6 of the Advocates Act, 1961. Being a statutory body, the respondent No. 2/A.P. Bar Council has to discharge its functions as per the provisions of the Advocates Act. 1961. The main duty of the respondent No. 2/Bar Council is to protect the interest and welfare of the Advocates. The petitioner made a complaint to the respondent No. 2 on 01.11.2022 complaining that the Executive Body, which term expired by 31st March, 2022, is claiming to be the Executive Body of the Respondent No. 3 Association. Against the illegal action of the so-called Office Bearers and Executive Committee Members, who are illegally and unauthorizedly claiming themselves as Executive Committee of the Respondent No. 3 Association and against the inaction of the respondent No. 2 in constituting the Ad-hoc Committee to the Respondent No. 3 Association in the absence of regular Executive Committee, the present Writ Petition has been filed. 4. Sri S.S. Prasad, learned Senior Counsel appearing for Respondent No. 3 has submitted that the tenure of the Executive Body of the Respondent No. 3-Association is extended by the Respondent No. 2, and as such, he contends that the Executive Body elected pursuant to the Election Notification dated 13.09.2021 is having tenure to continue till 31.03.2023. The learned Senior Counsel placed a copy of the Resolution of the Respondent No. 2 dated 18.09.2022. 5. The Resolution passed by the Respondent No. 2 is extracted hereunder: RESOLUTION: Presently, no action may be taken in respect of the Bar Associations to conduct Elections till March, 2023, where Elections were not conducted for the year 2022-23. However, if any complaint is received from the Members of the Bar Associations for non-conducting of Elections, appropriate decision may be taken, as per Bye-laws.” 6. This Court carefully considered the submissions made by the learned Senior Counsel and the Resolution dated 18.09.2022 of the Respondent No. 2. 7. In the considered opinion of this Court, this Resolution is not helpful to the learned Senior Counsel to substantiate his contention, as in the present case, there is a complaint dated 01.11.2022 submitted by the members of the Respondent No. 3/Association against non-conducting of elections and for not constituting the Ad-hoc Committee as per Byelaw 26 of Model Bye Laws. 8. 8. This Court gave anxious consideration to the submissions of the respective counsel and examined the material available on record carefully. 9. The respondent No. 2 is the Bar Council of Andhra Pradesh, which is constituted under the Provisions of the Advocates Act, 1961, enacted by the respondent No. 1 for the interest and welfare of the Advocate fraternity. The respondent No. 2 formulated Model Bye-laws to conduct elections to the Bar Associations in the State of Andhra Pradesh including the Respondent No. 3. The said Model Byelaws are adopted by the respondent No. 3 on 08.04.2021. 10. By following Bye-laws, Election Notification was issued on 13.09.2021 to elect the Executive Body to the Respondent No. 3 Association. In the Election Notification itself, it is specifically mentioned that the tenure of the Executive Body to be elected is up to 31st March, 2022. 11. As per the mandatory procedure provided under Byelaws, the General Secretary of the Respondent No. 3 Association shall display the list of members who are in arrears on or before 2nd January of every year. The General Secretary of the Respondent No. 3 Association shall prepare the list of members, who are entitled to vote before 15th February of every year and calling objections within 7 days from the date of the publication. He shall prepare final list of members entitled to exercise their vote and publish the same on or before 1st March of every year. The Executive Committee shall fix the Election Schedule for conducting election in the last week of March of every year and appoint Election Officer who shall have at least 20 years of standing or Senior Member available in the Bar, 20 days prior to the date of election. The General Secretary shall hand over the schedule to the Election Officer. The Election Officer shall follow the Election Schedule fixed by the Executive Committee and conduct elections, as per the Schedule fixed. The outgoing body shall handover the charge to the newly elected Executive Body. 12. The rule making power is conferred on the Respondent No. 1 under Section 49-A of the Advocates Act, 1961, to frame necessary Rules for proper discharge of the functions of the Bar Council. The outgoing body shall handover the charge to the newly elected Executive Body. 12. The rule making power is conferred on the Respondent No. 1 under Section 49-A of the Advocates Act, 1961, to frame necessary Rules for proper discharge of the functions of the Bar Council. As and when there is inaction on the part of the second respondent/State Bar Council to consider the complaint of the petitioner, if it is brought to the notice of the Respondent No. 1, it has to protect the interest of the petitioner. 13. The petitioner along with some members of the Respondent No. 3 Association submitted a complaint to the Respondent No. 2 on 01.11.2022 requesting to appoint Ad-hoc Committee to manage the affairs of the respondent No. 3 Association and to conduct elections to the Executive Body as per Byelaw 26 of the said Bye-laws. 14. The tenure of the Managing Committee of the Respondent No. 3 Association expired by 31st March, 2022. As per the Bye-laws the Outgoing Managing Executive Body ought to have conducted elections in the last week of March, 2022 and they shall handover the charge to the newly elected Executive Body on 1st April, 2022. But, without conducting elections, the earlier Executive Body, whose term expired by 31st March, 2022, are continuing illegally and unauthorizedly. 15. The Respondent No. 2 also, without initiating action on suo motu or at least on the complaint submitted by the petitioner, did not take any action to constitute Ad-hoc Committee to manage the affairs of the Respondent No. 3 Association and to conduct elections. As the respondent No. 2 being the statutory body failed to discharge its functions by invoking Byelaw 26 of the Bye-laws and the petitioners “right to vote” which is observed as “fundamental right” recently by the Hon’ble Apex Court, is effected and to protect the interest of the Advocate fraternity, on 29.11.2022 this Court directed the Respondent No. 2 to submit “Action Taken Report” on the complaint submitted by the petitioner on 01.12.2022, by invoking Byelaw 26 of the Model Bye-laws. 16. In compliance of the interim order passed by this Court dated 29.11.2022, Respondent No. 2 placed “Action Taken Report” by filing a Memo dated 01.12.2022, wherein it is stated that, Mr. Md. 16. In compliance of the interim order passed by this Court dated 29.11.2022, Respondent No. 2 placed “Action Taken Report” by filing a Memo dated 01.12.2022, wherein it is stated that, Mr. Md. Saleem Pasha and 29 other Advocates have submitted a representation to the Chairman, requesting the Bar Council to conduct Elections to the A.P. High Court Advocates Association or to appoint an Ad-hoc Committee for the year 2022-2023, since the present Executive Body of the A.P. High Court Advocates Association is not taking steps to conduct the Election, though the term of the Executive Body has expired by 31.03.2022. In the said representation, it is also stated that, a representation dated 30.06.2022 was submitted to the President of the third respondent-Association on 05.08.2022 requesting to issue Election Notification by appointing an Election Officer. In the said representation, they requested that the Bar Council being a Statutory Body and Supervising Authority over the Associations, can take appropriate decision as per Bye-law 26 of the Common Bye-laws, as the High Court Bar Association has adopted Bye-laws. 17. Further, by invoking power conferred under Byelaw 26 of the Model Bye-Laws, the Chairman, Bar Council of Andhra Pradesh, has constituted a Committee with the following members: (i) Sri P. Sri Raghuram, Senior Advocate. (ii) Sri V. Venugopala Rao, Senior Advocate. (iii) Sri P. Rambhoopal Reddy, Advocate. (iv) Sri P. Sreeramulu Naidu, Advocate. (v) Sri T.S. Rayulu, Advocate. (vi) Sri G.V. Sivaji, Advocate. (vii) Sri G. Tuhin Kumar. 18. As per Byelaw 26 of the Model Bye-Laws adopted by the respondent No. 3, if the outgoing Executive Committee of the respondent No. 3 Association failed to conduct elections in the last week of March and to handover the charge to the newly elected committee, the Chairman of the State Bar Council is empowered under Byelaw 26 of the Model Bye-laws to appoint an Ad-hoc committee from Senior Members of the said Bar to manage the affairs of the Bar Association and to conduct elections as per the schedule fixed by the Chairman and the outgoing body shall handover the charge to such Ad-hoc Body appointed by the Chairman of the Andhra Pradesh Bar Council. 19. In view of the “Action Taken Report” submitted by the respondent No. 2, virtually the reliefs as sought for by the petitioner have otherwise been acceded to by the Respondent No. 2. 19. In view of the “Action Taken Report” submitted by the respondent No. 2, virtually the reliefs as sought for by the petitioner have otherwise been acceded to by the Respondent No. 2. As such, in the considered opinion of this Court, no further orders are required in this Writ Petition. 20. The “Action Taken Report” of the Respondent No. 2 is placed on record. 21. In view of the above facts and circumstances of the case, the present Writ Petition is closed. 22. The “Ad-hoc Committee” constituted by the Chairman, Bar Council of Andhra Pradesh, shall takeover the charge of the Executive Body of the Respondent No. 3 forthwith. 23. There shall be no order as to costs. 24. For the above mentioned reasons, miscellaneous petitions pending, if any, in this case shall stand closed.