HC says 'no' to advocate's plea

The Madras High Court bench here has said 'no' to the plea of an advocate that Madurai Bench of the Madras High Court Bar Association elections should be conducted on "one bar one vote' basis, which would permit the advocates to vote or contest in only one association,though he or she may member of more than one bar association.
A Division Bench of Justice V. Ramasubramanian and Justice V.M. Velumani said petitioner,R. Amarnath,could not invoke the writ jurisdiction on such issues.
He could approach the civil court concerned.
Stating that the petitioner had not made it clear whether the MMBA had been registered,under the provisions of Tamil Nadu Societies Registration Act, 1975,or not,the Judges said even if it was not a registered society,the petitioner must have sufficient strength to move a proposal for amending the by-laws of the association to implement the 'one bar one vote' system.

The MMBA was not a State or any other authority within the meaning of the term 'State' as defined under Article 12 of the Constitution and, therefore,to invoke writ jurisdiction.
"Moreover, MMBA is also not discharging any public duty so as to extend the jurisdiction of this court."
Referring to the contention that Bar Council of Tamil Nadu and Puducherry also had issued a set of guidelines directing the Bar associations to follow 'one bar one vote' system, they said the petitioner could not maintain a writ petition for enforcing a rule framed by the Bar Council merely because it happened to be a statutory body.

The Judges said if lawyers were so interested in 'one bar one vote' principle, they must follow it in passing resolutions for agitations and court boycotts.