CHENNAI: Following serious corruption charges against six elected members of the Bar Council of Tamil Nadu and Puducherry, the Madras High Court restrained them from functioning as members and deferred the election to the posts of chairman, vice-chairman and a representative to the Bar Council of India (BCI) till completion of inquiry into the charges by the Council’s newly constituted Election Tribunal.
Twenty-five members were elected to the Bar Council at the polls held throughout the State on March 4 last. The 25 members had to elect a chairman, a vice-chairman and their representative to the BCI and the process was going on. However, applications were filed before the HC levelling serious corruption and ‘other’ charges against the six elected members -- KRR Aiyappa Mani, N Marappan, K Kathiravan, P Paramasivam, VN Subramanian and SK Vel. The applications prayed for a direction to the Council not to declare the election result and to order investigation by a senior level police officer on the allegations against the six candidates.
Disposing of the applications, Justice V Ramasubramanian observed that withholding of the results of the entire election or cancellation of the same did not appear to be a permissible option.
At the same time, allowing the candidates to go scot-free, against whom serious allegations were made, and to assume office and also to possibly get elected as chairman or vice-chairman or as a BCI representative, would make a mockery of the whole exercise, which this court had undertaken from day one painstakingly, the judge added.
The newly constituted Election Tribunal of the Bar Council was alone empowered to go into the matter, the judge said, and directed the Tribunal, chaired by senior advocate G Rajagopalan and manned by senior advocate NK Kabir and advocate NL Rajah, to take up the complaints and hold inquiry on them after giving hearings to the six candidates.
After the completion of the inquiry, the tribunal should submit its report to the court on or before June 30. In the meantime, the Advocate-General, who had taken over the affairs of the council, might publish the elected candidates in the official gazette.
The candidates against whom serious allegations had been made should not exercise any right or discharge any function as elected members. They might participate in the council meetings, but should have no voting rights.
They also should not be nominated to any of the committees of the Council. They were not entitled to either contest or vote in the election to the posts of chairman and vice-chairman, the judge added.
Till this process was completed by the tribunal, the election to the posts of chairman and vice-chairman and BCI rep should stand deferred, the judge said, and added that the constitution of various committees might be made from among the remaining 18 members.