Indira Banerjee, J. - (1.) The petitioner, an advocate enrolled with the Bar Council of Tamil Nadu and Puducherry, with Enrollment Number Ms.1296/2011, and practising inter alia in this High Court has filed this writ petition, by way of public interest, under Article 226 of the Constitution of India, challenging Resolution No.117 of 2018, dated 24.1.2018 of the Special Committee constituted by the Bar Council of India under Section 8-A of the Advocates Act, 1961, to discharge the functions of the Bar Council of Tamil Nadu and Puducherry, whereby the Bar Council of Tamil Nadu and Puducherry Conduct of Election Rules, 1975 have been amended.
(2.) The impugned Resolution No.117 of 2018, dated 24.1.2018, is set out herein below for convenience: RESOLUTION NO.117 OF 2018 DATED 24.01.2018 :- Resolved to amend the Bar Council of Tamil Nadu and Puducherry Conduct of Election Rules by bringing the following amendment :- ln exercise of the powers conferred under Sec.8-A, Sec. 15 and all other enabling provisions, the following amendment is made to the Bar Council of Tamil Nadu and Puducherry conduct of Election Rules :- 1.These amendments shall come into force with effect from 24.01.2018. 2.After Rule 7, the following rule shall be inserted. 7-A. Eligibility to contest elections 1) Only advocates, who have been in practice for a continuous period of 10 years as an advocate are entitled to contest in the election. 2) The advocate should have filed at least 10 vakalats every year for the previous 5 years prior to the date of filing the nomination to be eligible to contest for any post in the Bar Council of Tamil Nadu and Puducherry. For designated Senior Advocates, the filing of vakalat is not required. 3) Any advocate, who is punished for contempt of court is not entitled to contest for election to any post in the Bar Council of Tamil Nadu and Puducherry. 4) Any advocate, who holds an official position in any political party including the founder of the political party is not entitled to contest in the election to the post of Member of the Bar Council of Tamil Nadu and Puducherry. 5) Any advocate, who is facing a disciplinary proceedings either before the State Bar Council or Bar Council of lndia is not entitled to contest in the election. 6) lf charges have been framed by any court against any advocate in respect of criminal cases for an offence involving moral turpitude and attracting a punishment of three years imprisonment or more, other than offences relating to matrimonial disputes and civil disputes between family members not involving any serious offences of murder and grievous injury endangering the life of the victim, such advocate shall not be entitled to contest. 7) 7) Any advocate, who has already has been elected for two consecutive terms as a Member of the Bar Council of Tamil Nadu and Puducherry will not be entitled to contest in the election. 7-B. Any advocate desiring to contest in the election shall along with his nomination, submit proof for satisfying the conditions stipulated in Rule 7-A, above along with an affidavit in non-judicial stamp paper (Rs.20/-) stating that he does not suffer from any disqualification mentioned in Rule 7-A and if such an affidavit is found to be false, his nomination can be cancelled at any time by the returning officer/s before the election and if elected, his election shall be deemed to be invalid. Provided that no order shall be passed under this Rule without giving the candidate a reasonable opportunity of being heard. 7-C. Any advocate filing nomination for the election of the Bar Council of Tamil Nadu and Puducherry should not involve himself in any corrupt practice by bribing them either in terms of money or in terms of any other consideration. lf any complaint regarding the same is received by the Bar Council of Tamil Nadu and Puducherry, summary enquiry will be held by the Returning Officer/s and the candidate shall be disqualified from contesting in the election to the Bar Council of lndia and Bar Council of Tamil Nadu and Puducherry for a period of seven years. Apart from that, the disciplinary proceedings will also be initiated against the said advocate under Sec.35(1) and Sec.42 of the Advocates Act, 1961 by placing the candidate under suspension of practice immediately."
(3.) The object of the Advocates Act, 1961 is to amend and consolidate the law relating to legal practitioners and to provide for, inter alia, the constitution of Bar Councils, one for the whole of India and one for each State. One of the main features of the Advocates Act, 1961 is the integration of the bar into a single class of legal practitioners known as Advocates with the division of Advocates into Senior Advocates and Advocates based on experience and merit.;