Tuesday, May 10, 2011

Supreme Court declines to interfere with High Court order

The Supreme Court on Monday declined to interfere with an order of the Madras High Court restraining former Chairman of the Bar Council of Tamil Nadu and Puducherry, R.K. Chandramohan, from participating in the elections for the post of Chairman and other office-bearers.

A Bench of Justice D.K. Jain and Justice H.L. Dattu, however, issued notice on the special leave petition filed by Mr. Chandramohan against the High Court order, which also restrained him from assuming office and discharging the functions of an elected member of the Council, till the disposal of the disciplinary proceedings against him by the Bar Council of India.
When senior counsel Mukul Rohatgi and counsel K.V. Mohan, appearing for the petitioner insisted on stay of the High Court judgment, Justice Jain said, “You will have to wait till the outcome of the enquiry by the Bar Council of India.” When Elephant Rajendran, on whose petition the High Court passed the order, opposed the stay, Justice Jain said, “We are not granting stay.”

In his SLP, Mr. Chandramohan contended that whatever disqualification contained in the High Court judgment of December 2010 was applicable only to the previous tenure of the Tamil Nadu Bar Council and would not apply to the current tenure of 2011 to 2015 for which elections were held on March 4. It must be noted that the High Court did not pass an order that he must not be allowed to contest the March 4 elections. He sought quashing of the High Court judgment dated April 9 and an interim stay of its operation.

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