IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:17.03.2011 CORAM: THE HON'BLE MR.JUSTICE P.JYOTHIMANI WRIT PETITION No.6833 of 2011 and M.P.No.1 of 2011 .. K.Chandramohen .. Petitioner vs. 1.Bar Council of India rep. By its Chairman 225, Okhla Industrial Area Phase III, New Delhi 110020. 2.Elephant G.Rajendran .. Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus as stated therein. For petitioner : Mr.V.Vijaya Narayanan,Sr.Counsel for Mr.M.Santhanaraman For respondents : Mr.M.V.,Venkatakrishnan for R.1 Mr. Elephant G.Rajendran (Party-in-Person) .. ORDER
By order dated 07.12.2010, the Division Bench, in the writ petition filed by the second respondent, Mr. Elephant G.Rajendran, has permitted him to file a formal complaint to the Bar Council of Tamil Nadu and Puducherry and also to file a copy of the same to the Bar Council of India with further direction that the Bar Council of India shall withdraw the complaint from Bar Council of Tamil Nadu and Puducherry, by exercising its power under Section 36(2) and (3) of the Advocates Act and dispose of the same.
2. In the SLP (Civil) Nos.35152 and 35153 of 2010, filed by the writ petitioner herein, the Hon’ble Apex Court on 31.01.2011, vacated the earlier order of stay and permitted the Bar Council of India to proceed in the matter in terms of paragraph 95(c) of the judgment of the Division Bench as stated above.
3. The present writ petition is filed for direction against the first respondent, Bar Council of India, to pass appropriate orders on the enquiry initiated on the basis of the complaint made by the second respondent, within the time limit. The reason adduced is that, by virtue of an order passed by the original side of this Court on 08.03.2011, the petitioner has been disentitled to take charge even if he is elected as a Member of the Bar Council of Tamil Nadu and Puducherry, unless and until the enquiry by the Bar Council of India is completed as per the orders of the Hon’ble Apex Court. Therefore, the learned senior counsel appearing for the petitioner submitted that in the above said extraordinary circumstances, as he has to take charge as a Member of a statutory body in the event of his election and since the right of the petitioner is being affected, the present writ petition is filed contending that early date can be fixed to the Bar Council of India to complete the enquiry and pass appropriate orders.
4. The second respondent, who is the complainant is also present and he would submit that if any reasonable time is fixed, he will extend his cooperation.
5. The learned counsel appearing of the first respondent, Bar Council of India would also submit that since it is an extraordinary circumstance, the enquiry will be completed by the first respondent within a reasonable time as fixed by this Court.
6. Accordingly, the writ petition stands disposed of with a direction to the first respondent to complete the enuqiry against the petitioner and pass appropriate orders in accordance with law and such order shall be passed within a period of four weeks from the date of receipt of a copy of this order. No costs. Connected miscellaneous petition is closed.
Bar Council of India
225, Okhla Industrial Area
New Delhi 110020