IN THE HIGH COURT OF JUDICATURE AT MADRAS (Special Original Jurisdiction) Versus

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1 IN THE HIGH COURT OF JUDICATURE AT MADRAS (Special Original Jurisdiction) W.P. No.1366 of 2018 E.Vijay Anand, S/o. Aranga Ellangovan, Advocate, No.5/3, Pranav Apartments, Seethammal Main Road, Alwarpet, Chennai Petitioner Versus 1. THE BAR COUNCIL OF INDIA, Rep. by its Secretary, 21, Rouse Avenue, Institutional Area, Near Bal Bhawan, New Delhi THE BAR COUNCIL OF TAMIL NADU & PUDUCHERRY, Rep. by its Secretary, NSC Bose Road, Chennai THE SPECIAL COMMITTEE, The Bar Council of Tamil Nadu & Puducherry, NSC Bose Road, Chennai The Advocate General, State of Tamil Nadu, Cum. Ex-officio Chairman, The Bar Council of Tamil Nadu & Puducherry, O/o. Advocate General, Madras High Court, Chennai Respondents AFFIDAVIT FILED BY THE PETITIONER I, E.Vijay Anand, S/o. Aranga Ellangovan, Advocate, aged years, having office at No.5/3, Pranav Apartments, Seethammal Main Road, Alwarpet, Chennai - 18, do hereby solemnly affirm and sincerely state as follows: - I am the petitioner herein and as such I am well acquainted with the facts of the case as stated hereunder. 1. I seek to file this writ petition in a public interest seeking for a relief of issuance of a Writ of mandamus directing the first and second respondent to conduct the election to the Bar Council of Tamil Nadu and Puducherry under the supervision of one or more Judge-commissioner s appointed by this Hon ble Court as it was done in previous Election held in the year 2011 and consequently frame a scheme to be carried out for free and fair election, so as to enable the

2 election process of Tamil Nadu Bar Council and Puducherry absolutely free from bribery, corruption and any other election malpractice. 2. I am an advocate by profession enrolled with the 1 st and 2 nd respondent in the year 2001 and continue to practice before this Hon ble High Court from 2001 onwards and I have defended Government of Puducherry for a period of 10 years, was also appointed as Central Government Advocate and in addition defended the Customs and Central Excise Department for more than 6 years. 3. I am much interested in the betterment of legal profession, more particularly, in view of the prevailing environment of storm and turbulence in the profession in recent times, leading to more disgusting events like the police advocates clash in the High Court premises in 2009 and thereafter continuous incidence of lawyers involving in courts strike leading to sieging the court halls and holding the courts to ransom, which culminated into the desired effect of cordoning and patrolling the entire premises of justice delivery system by CRPF. 4. I state that, the collapse of legal community in its standards and the collective failure by the seniors of the community is the direct result of the unruly occupying the very statutory body, which regulates the standards of the community. Until the body, namely the Bar Council of Tamil Nadu was manned by persons guided by principles and standards, the conduct of court by the judicial administration was smooth and without collusion between the bar and the bench and the relationship between the bar and the bench was harmonious, progressive and well conducive for administration of justice. 5. I state that off late, the post of member of the Bar Council became a hot seat, as the members started involving in extra official conducts thus many candidates attempted to win the election by hook or crook by involving in all forms of malpractices which were much detailed in many judicial orders, which is in record of this Hon ble High Court. Thus it became totally impossible to conduct a free and fair election and therefore it became necessary for this court to interfere and conduct an election by virtue of interim orders in respect of earlier election conducted on I submit that in the election conducted on , Hon ble Mr.Justice K.P. Sivasubramaniam (retired) was appointed as a Judge commissioner and a report was filed by him, which is part of the order in C.S.No.7/2011 dated The report of the Judge commissioner was a shocking admission that election could not be conducted in a free and fair manner and the court was left with a decision whether or not, the results of the election be declared. The

3 court ultimately permitted the publication of result and however disabled six members, who were charged with serious allegations of corrupt practice from exercising any right or discharge any function as elected members of the Bar Council, until the disposal of the proceedings against them before the election tribunal. 7. I state that the report of the Judge Commissioner along with complaints referred to in the above judgement, would demonstrate the huge festival of dance of corruption and malpractices by the candidates aspiring to the post of member of Bar Council. The attempt of court and Judge commissioner to ensure a free and fair election resulting in election of good candidates was indeed a failure as admitted by the Judge commissioner himself, which was recorded as follows:- 19.but with all the improvements effected in the pole process, yet I do not feel happy at the overall outcome. There are not only many areas/issues which require tightening of further measures which can be eliminated atleast in future election. But the most incurable disease which is beyond control/scrutiny of the Hon ble highcourt or the election commissioner whoever it may be, is the wide spread allegations of corruption, buying of associations and individual voters etc., which is totally depressing and a shame on the noble profession. 8. I state that, this being the affairs of election to the Bar Council in the year 2011 which had a tenure till Since election could not be held on time, the tenure was extended for a further period for six month till In the meanwhile The Bar Council of India certificate and place of practice (verification) rules 2015 was to be implemented and thus a special committee was constituted under section 8A with the learned Advocate General of Tamil Nadu as the Chairman and the already existing elected chairman and vicechairman were appointed as members of the special committee. The said committee was also later suspended by constituting a new special committee by including two members from the bar Shri.R.Singaravelan, Senior Advocate and Shri.N.Chandrasekharan, Advocate along with the learned Advocate General of the State of Tamil Nadu as the Chairman of the Special Committee. 9. I state that the Hon ble apex court in the pending proceeding in Transfer Case (Civil) No.126/2050 is thoroughly monitoring and endeavoring to ensure a free and fair election only with the noblest intent of weeding out the corrupt and preventing them from occupying the seat of power in the office of Bar Council,

4 with the vision of creating a new environment to make the profession noble, as being constantly told but not found in practice. 10. To the shock and surprise to the entire bar, the letter of the Advocate General dated sent shock to the spine of the bar of the Tamil Nadu. The Letter was a total outcry by the first advocate of the bar cautioning that much is rotten in the administration of Bar Council of Tamil Nadu and Puducherry and certain people have deep rooted with malicious design to thwart the impending election to the Bar Council only to negate the intention of the Hon ble High Court and the Supreme Court to clean the election process, which would forbear the evil to claim the seat of power. 11. I state that the letter of the learned advocated general dated is a shocking, chilling and most dreadful, as the chairman of the Bar Council himself finds foul and nefarious design by few vested interest in the Bar Council, who are effective on their way to prevent a fair and clean election and the letter urges unless systemic changes are made urgently, it does not bode well for the country itself. Further the chairman of the Bar Council have expressed his inability to conduct free and fair election and requested to appoint a retired judge of the high court, in consultation of chief justice of the high court, to oversee the entire electoral process for the ensuing election I state that election to the Bar Council for the year was indeed conducted on the supervision of Hon ble Mr. Justice K.P. Sivasubramaniam, who himself cried that the election could not be conducted in a free and fair manner, it is pertinent that election to the year 2018 is foreseen to be in more dangerous path in view of the alarm raised by the learned Advocate General in his letter dated what was then spent in lakhs was now in crores. Situation is further serious now and there is no mechanism to stop this. 13. I state that the corrupt practices of giving bribe to the voters in cash and gold, gifts to the extent of automobiles, private tours, expensive liquor parties etc. are no more an allegation but a fact which could not be prevented, despite the election to the year 2011 was conducted in a strict environment and stringent conditions. The scenario for the elections 2018 is much different and malpractice is multiplied in manifold times and it is sure that the bar is going to experience a nightmare and hell before the conclusion of the election to the Bar Council of Tamil Nadu and Puducherry The letter of the advocate general is just a pre-cursor and unless and until this court interfere and frames a larger scheme to

5 ensure free and fair election to the Bar Council. The effect of rotting in the Bar Council, which is recorded in the proceeding in much litigations would develop into a larger monster affecting the entire justice administrative system of the country, which the petitioner not just apprehends but foresees with belief and prays that this Hon ble Court may take note of the alarm and allegations of the letter of the advocate general dated and frames a suitable scheme. I even substantiate that there is a duty cast upon this Hon ble court to step in and manage the election process. Any deviation will cause great hardship to this profession and justice delivery system will be tainted by fringe groups who has nothing to do with real practice of our profession with ethics. Therefore having no other effective alternative remedy the petitioner approached this Hon ble court under Article 226 of constitution of India and Hence this writ petition 14. I state that, I have never filed any public interest petition of similar nature in any Court. I undertake to pay the costs, if any, if this PIL is found to be intended for personal gain or oblique motive. I have filed this petition from my own funds (PAN No.AKWPA9664J). To my knowledge, there is no Public Interest Litigation pending before the Hon ble Court on this subject matter. This public interest litigation is maintainable in law. The contents of this paragraph are in compliance with the Rules to regulate the Public Interest Litigations filed under Article 226 of the Constitution of India. A) Under these circumstances, the petitioners prays that this Hon ble Court may be pleased to issue an order, direction, or writs in the nature of Writ or Writ of mandamus directing the first and second respondent to conduct the election to the Bar Council of Tamil Nadu and Puducherry under the supervision of the one or more Judge-commissioner s appointed by this Hon ble Court as it was done in previous Election held in the year 2011 and consequently frame a scheme to be carried out for free and fair election so as to enable the election process of Tamil Nadu Bar Council and Puducherry absolutely free from bribery, corruption and any other election malpractice and pass such further or other order as this Hon ble Court may deem fit and proper in the circumstances of the case and thus render Justice B) It is therefore prayed before this Hon ble Court may be pleased to grant an order of Injunction restraining the Special Committee from in any way carrying out any function relating to Election of Bar Council of Tamil Nadu and

6 Puducherry as it become defunct pursuant to the proceedings of 4 th respondent dated , pending disposal of this Writ Petition. C) It is therefore prayed before this Hon ble Court may be pleased to grant an order of direction directing the Judge-Commissioner or Judge- Commissioner s appointed by this Hon ble Court to file a Preliminary status report before commencing with the election process, pending disposal of this Writ Petition. Solemnly affirmed at Chennai on this January, 2018 and signed his name in my presence Before me, Advocate