Civic Polls 2015: Lawyers fighting for civic bodies can contest its polls says HC, Civic Polls 2015, municipal corporation election 2015
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- Last Updated: Monday, 23 March 2015 12:11
Civic Polls 2015: Lawyers fighting for civic bodies can contest its polls says HC
CHENNAI: Advocates cannot be barred from contesting civic polls in a municipality or other local bodies merely because they had appeared for or against the local body concerned, the Madras high court has held.
Describing it as a restraint on the profession, the first bench comprising Chief Justice Sanjay Kishan Kaul and Justice M M Sundresh, however, stopped short of quashing the rule because its constitutional validity was not challenged.
"We may hasten to add that we are not commenting on the legality or validity of this provision, as it has not been questioned in the present petition," the judges said.
The matter relates to a writ petition filed by advocate S Balasubramanian who filed nominations as candidate for 28th ward in Tindivanam municipality. He was, however, disqualified from contesting as clause 2.3 (vi) of State Election Commission to the local body election 2011 provided for rejection of papers of a candidate who appeared for or against the corporation or municipality in which the candidate is contesting. He challenged his disqualification and sought to quash the rejection order.
The first bench said: "The cause is one of restraint on profession from carrying out the duties an advocate is required to do under Advocates Act, 1961."
The bar which this clause seeks to impose is not even with respect to any period of time, but is blanket ban — if an advocate in performance of his profession had ever appeared against or for the corporation, he would be disqualified to file his nomination.
The judges said, "The rejection of the nomination of the petitioner is illegal and objections put forth by the election commission are unsustainable."