J. Suresh Kumar Reddy vs. Bar Council Of Andhra Pradesh
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Order Issued After Hearing
Purpose:
Disposed
Before:
Hon'ble Venkateswarlu Nimmagadda
Listed On:
11 Jul 2024
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Order Text
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction)
THURSDAY, THE ELEVENTH DAY OF JULY <sup>i</sup> TWO THOUSAND AND TWENTY FOUR
PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADD
WRIT PETITION NO: 7654 OF 2024
Between:
c? ."vV
J. Suresh Kumar Reddy, S/o Damodara Reddy, Aged 51 years, Occ Advocate, R/o H.No.25-20-1, Near New Bus Stop, Near Anjaneya Swamy Temple, Narasimharaopeta, Eluru, Eluru District (West Godavari). '
...Petitioner
and
- 1.: Bar Council of Andhre Pradesh,. Rep. by its Secretary, High Court Buildings, Nelapadu, Guntur.
-
- Eluru Advocates Association, Rep. by its President, District Bar Association Court Buildings, Eluru, Eluru District.
...Respondents
Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, order or direction more particularly in the nature of WRIT OF MANDAMUS declaring the inaction of the respondent No <sup>1</sup> petitioner's representation/complaint dated 18.03.2024 sent through email to conduct Elections for the year 2024-2025 as per the Tentative Schedule issued by the 1®' respondent and to enforce Bye Law No 26 on account of failure of 2"'* respondent to comply with the Tentative Schedule, as illegal, irregular and irrational contrary to the Model Byelaws adopted by the 2 respondent. Advocates Act, 1961 and violative of Articles 14and 21 of Constitution of India and consequently direct the 1®* respondent to act on the petitioner's representation/compliant dated ia03.2024, to enforce on nd upon
Byelaw No 26 on account of failure of the respondent to follow the ' Tentative Election Schedule for the year 2024- 2025.
lA Nd: <sup>1</sup> OF 2024
Petition under Section <sup>151</sup> CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the 1®* respondent to act upon on the petitioner's representation/compliant dated 19.03.2024, to enforce Byelaw No: 26 on account of failure of the 2'^^ respondent to follow the Tentative Election Schedule for the year 2024-2025.
Counsel for the Petitioner: SRI M SOLOMON RAJU
Counsel for the Respondent No.1: SRI DASARI <sup>S</sup> VV <sup>S</sup> V PRASAD Counsel for the Respondent No.2: SRI KAMBHAMPATI RAMESH BABU The Court made the following order:
APHC010147012024
" IN THE HIGH COURT OF ANDHRA PRAQESH AT AMARAVATI (Special Original Jurisdiction)
[3329]
THURSDAY ,THE ELEVENTH DAY OF JULY TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE VENKATE^WARLU NIMMAGADDA
WRIT PETITION NO: 7654/2024
Between:
...PETITIONER J. Suresh Kumar Reddy
AND
Bar Council Of Andhra Pradesh and Others ...RESPONDENT(S)
Counsel for the Petitioner:
1.M SOLOMON RAJU
Counsel for the Respondent(S):
1.KAMBHAMPAT1 RAMESH BABU
- DASARI S V V S V PRASAD
The Court made the following:
ORDER:
This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief:
"to issue a Writ, order or direction more particularly in the nature of WRIT OF MANDAMUS declaring the inaction of the respondent No. <sup>1</sup> on representation/complaint dated 18.03.2024 sent through email to conduct Elections for the year 2024-2025 as per the Tentative Schedule issued by the respondent and to enforce Bye Law No. 26 on account of failure of 2"^ respondent to comply with the Tentative Schedule as illegal, irregular and irrational contrary to the Model Byelaws adopted by the 2"'^ respondent Advocates Act, 1961 and violative of Articles 14 and 21 of Constitution of India and consequently direct the respondent to act upon on the petitioners representation/compliant dated 18.03.2024 to enforce Byelaw No. 26 on account of failure of the 2"^ respondent to follow the Tentative Election Schedule for the year 2024-2025\and to pass such other order or orders..." petitioner's
-
Heard learned counsel for the petitioner and Sri Dasari <sup>S</sup> V S S V Prasad, learned counsel for the respondents.
-
Learned counsel for the petitioner submits that it will be suffice if a direction is given to respondent authorities more particularly, to respondent No.1 to consider the representation/ complaint dated 18.03.2024 submitted by the petitioner for conducting Election? for the year 2024-25 as per the tentative schedule issued by the 1"* respondent and to enforce Bylaw No.26 on account of failure of 2""^ respondent to comply with the tentative schedule.
-
Learned counsel for the respondents would submit that the representation/ complaint dated 18.03.2024 submitted by the petitioner would be considered by the respondent authorities in accordance with law, within a reasonable time.
-
Having regard to the submissions made by learned counsel for the petitioner and learned counsel for the respondents, in view of the facts and circumstances of the case, without touphing merits of the case, this Court is of the considered view that the present Writ Petition can be disposed of, directing respondent No.1 to consider the petitioner's representation/ complaint dated 18.03.2024 and pass appropriate orders within a period of three (03) weeks from the date pf receipt of a copy of this order.
With the above said direction, the Writ Petition is disposed of. There shall be no order as to costs. 6.
Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed.
Sd/- K.TATA RAO DEPUTY REGISTRAR /
/
//TRUE COPY// SE <sup>N</sup> OFFICER
To,
%
-
- The Secretary, Bar Council of AndhrS Pradesh, High Court Buildings, Nelapadu, Guntur.
- <sup>2</sup> The President, Eluru Advocates Association, District Bar Association ' Court Buildings, Eluru, Eluru District.
-
- One CC to Sri M Solomon Raju, Advocate [OPUC]
- Sri Dasari S V V S V Prasad, Advocate [OPUC] 4. OneCCto
- Sri Kambhampati Ramesh Babu, Advocate [OPUC] 5. OneCCto
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- Two CD Copies
RAM
J
HIGH COURT
\ r 7
DATED:11/07/2024
ORDER WP.No.7654 of 2024
DISPOSING THE WP WITHOUT COSTS
s