Noting that a writ petition to deal with the internal affairs of an Advocates Association is maintainable, the Madras High Court held that when the Associations enjoy privileges, facilities and recognition provided by the court, they are amenable to the writ jurisdiction of the court.
A Division Bench comprising Justice V. Ramasubramanian and K. Ravichandrabaabu passed the directions in a petition moved by a group of advocates seeking reforms and guidelines in the election for Madras High Court Advocates Association (MHAA).
The petition was challenged by MHAA citing an earlier order of a Division Bench of the court which observed that the High Court does not have any jurisdiction to deal with the internal matters of an association.
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When the petition came up for hearing, the Bench said, “The Bar has always taken a stand that the Bar and Bench are two sides of the same coin. With the noble object of bringing about transparency and accountability in the appointment of judges, MHAA has always poked its nose in the recent past. Just as they are interested in ensuring that right persons are elevated from the Bar to Bench, the judiciary is also interested in ensuring that the elections of MHAA are conducted properly.”