9911796707
TMI Blog2025 (5) TMI 1520X X X X Extracts X X X X X X X X Extracts X X X X ..... olhapur District Bar Association, Kolhapur, whereby the members are informed that the dues payable by its members be cleared and only after such dues are cleared, the members would be considered eligible, to participate in the proposed elections. The notice also informs that those members who would make such payments after 1 April 2025, would not be eligible to participate and/or cast vote in the election. 2. The petitioner's contention is that such notice as issued by the respondent no. 2 - Kolhapur District Bar Association is arbitrary and illegal affecting their legal right to participate in the elections. The second prayer as made in the petition is for issuance of a writ of mandamus to direct the Kolhapur District Bar Association to a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... made in the memo of the writ petition, our attention is drawn by the learned counsel for the petitioner to paragraph 5 of the petition which merely aver that because respondent no. 1 - Bar Council of Maharashtra and Goa exercises control over respondent no. 2 and that there are functions, objects and goals of respondent no. 2 which are aligned with the functions of Bar Council of Maharashtra and Goa, hence, respondent no.2 would be an instrumentality of a "State" within the meaning of Article 12 of the Constitution of India. Hence, it would be amenable to the writ jurisdiction of this Court. In support of such contention, reliance is placed on the decision of the Division bench of the Karnataka High Court (Dharwad Bench) in the case of Shri ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sence of there being any deep or pervasive State control in the management of the affairs, the Bar Association cannot be held to be a State within the meaning of Article 12 of the Constitution of India. In such context, the relevant observations as made by the Court are as follows:- "5. At the outset, an objection is raised by Mr. Tally, the learned Counsel for Respondent No.1, to the maintainability of this Petition. He would submit that the prayers made by the petitioner are in relation to the elections, which have already been held, the results of which stand declared. It is submitted hence at such stage no relief can be granted to the Petitioner on a concluded election process. The next objection of Mr. Tally and which is more fundame ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d alone, we cannot entertain this Petition. We may observe that the alternate remedy for the Petitioner, if at all, would be to file a Civil Suit for redressal of any election grievance which the Petitioner has. 8. Be that as it may, the issues which are raised in the Petition concern the elections of the Standing Committee of the bar association. Election itself is a creature of the statute. Such elections are held according to the Rules and Regulations. If the Petitioner has any grievance regarding the same, certainly the remedy for the Petitioner cannot be to invoke the writ jurisdiction of this Court." ( Emphasis Added ) 6. The view taken by this court in the case of Rajbhor Ranjhan Jayantilal (supra) was also followed in the ca ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to the judicial review of the High Court under Article 226 of the Constitution of India, by reaching to a conclusion that the bar association is a "State" within the meaning of Article 12 of the Constitution, in our opinion, this would certainly lead to a chaotic situation. The State of Maharashtra has 36 districts, each district has number of talukas and each taluka is likely to have a bar association, which would be governed by their own rules and regulations. If we accept petitioner's contention that the petition be entertained, in such event "any dispute whatsoever" between the members and the bar associations, the High Court would be required to exercise its power of judicial review by entertaining writ petitions under Article 226 of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... es. This would not only lead to a chaos but also a possible misuse of the discretionary and summary jurisdiction of this Court. The magnitude is just to be imagined. 11. Even otherwise, the relationship between the bar association and its members on anything to do with the functioning of the bar association is circumscribed/governed and controlled by the rules of the bar association, to which the members subscribe, when they accept the membership of the bar association. If this be so, merely for the reason that the advocates are governed by the Advocates Act, a relief in a writ petition under Article 226 of the Constitution cannot be granted against the bar association. In our opinion this would be a position too far fetched. 12. We are t ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
