The Madras High Court on Monday said that six candidates, who were successful in the recently-concluded elections to the Bar Council of Tamil Nadu and Pondicherry, against whom serious allegations of corrupt practices in the elections had been made, should not exercise any rights or discharge any function as elected Members of the council.
Disposing of applications by Elephant G. Rajendran and N.S. Ziauddeen, Justice V. Ramasubramanian said K.R.R. Aiyappa Mani, N. Marappan, K. Kathiravan, P. Paramasivam, V.N. Subramaniam and S.K. Vel may participate in the council meetings, but will not have voting rights. They should not be nominated to any of the council committees and would not be entitled either to contest or to vote in the election to the post of Chairman.
Mr. Justice Ramasubramanian ordered the constitution of a new election tribunal with G. Rajagopalan, senior advocate, as chairman and M.K. Kabir, senior advocate and N.L. Rajah, advocate, as members.
Within a week, the tribunal should hold its first sitting and take on file the original complaint received by Judge Commissioner K.P. Sivasubramaniam from P. Vaithialingam, advocate, Omalur Advocates Bar Association.
The tribunal should issue notices to the candidates against whom allegations of corrupt practices had been made in the complaints. After completing the enquiry, it should submit a report to the court by June 30.
In the meantime, the Advocate-General (AG) may certify the list of candidates who were declared successful and the certificate be published in the official gazette. Until further orders to be passed on the basis of the outcome of the tribunal's enquiry, election to the post of council Chairman would stand deferred. Till then, the AG should hold the Chairman's post. The Judge said since the facts and observations contained in the report filed by the court-appointed Commissioner indicated the possibility of the adoption of corrupt practices by some of the contestants, he dealt with the applications along with the report by the Commissioner.
After Mr. Justice Ramasubramanian pronounced the order, counsel for the Bar Council sought a clarification with regard to the Vice-Chairman's post and election of a representative to the Bar Council of India. The Judge said elections to the two posts would also await the outcome of the tribunal enquiry.
