Case Note & Summary
The petitioner, A. Thirunavukkarasu, a practising lawyer at Ambattur Court Complex and former elected treasurer of the Ambattur Bar Association, filed a writ of mandamus under Article 226 of the Constitution of India seeking a direction to the first respondent, the Secretary of the Bar Council of Tamil Nadu and Puducherry, to take action against respondents 2 to 4, who were the President, Secretary, and Joint Secretary of the Ambattur Bar Association. The petitioner alleged that while he was treasurer, the respondents demanded accounts details, and when he failed to produce them, they suspended his membership. He made a representation on 22.11.2024, about 2.5 months after the suspension. The Court noted that the Ambattur Bar Association is a society registered under the Tamil Nadu Societies Registration Act and has its own bylaws. The Court held that internal disputes of a registered society cannot be adjudicated by the High Court in writ jurisdiction. The proper remedy for the petitioner is to approach the Registrar under the Societies Registration Act or file a civil suit, and if fraud or misappropriation is involved, criminal prosecution may be initiated. The Court dismissed the writ petition as not maintainable, granting liberty to the petitioner to pursue appropriate legal remedies.
Headnote
A) Constitutional Law - Writ Jurisdiction - Maintainability of Writ of Mandamus - Internal Disputes of Registered Societies - The High Court held that a writ of mandamus under Article 226 of the Constitution of India is not maintainable for internal disputes of a society registered under the Tamil Nadu Societies Registration Act. The petitioner, a former treasurer of the Ambattur Bar Association, sought direction to the Bar Council to take action against office bearers for alleged misappropriation. The Court held that such disputes must be resolved by approaching the Registrar under the Act or the competent civil court, and the High Court cannot conduct a roving enquiry. (Paras 3-4) B) Bar Association - Internal Management - Remedies for Grievances - Tamil Nadu Societies Registration Act - The Court observed that the affairs of a bar association are regulated by its bylaws approved under the Tamil Nadu Societies Registration Act. Any grievance regarding misappropriation of funds or non-maintenance of accounts must be addressed by the members and office bearers through appropriate legal proceedings, including criminal prosecution if fraud is involved. The writ petition was dismissed with liberty to the petitioner to pursue remedies in accordance with law. (Paras 3-4)
Issue of Consideration
Whether a writ of mandamus can be issued directing the Bar Council to take action against office bearers of a bar association based on allegations of misappropriation and non-maintenance of accounts.
Final Decision
The writ petition was dismissed as not maintainable. The petitioner was granted liberty to approach the Registrar under the Tamil Nadu Societies Registration Act or the competent civil court, or to initiate criminal prosecution if fraud is involved.
Law Points
- Writ of mandamus not maintainable for internal disputes of registered societies
- Bar association internal disputes to be resolved under Societies Registration Act or civil suit
- High Court cannot conduct roving enquiry under Article 226
