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2025 DAILYLAW 16966 (KAR)

RAJAGOPAL VENKATESAN IYER v. KARNATAKA STATE BAR COUNCIL (KSBC)

WP/4335/2020 · 2025-03-05

Suraj Govindaraj

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Judgment text

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- 1 - NC: 2025:KHC:9353 WP No. 4335 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 4335 OF 2020 (GM-RES) BETWEEN: 1. RAJAGOPAL VENKATESAN IYER AGED ABOUT 69 YEARS (SENIOR CITIZEN) S/O LATE MR. VENKATESAN 2. JEANETTE IYER AGED ABOUT 63 YEARS W/O RV IYER BOTH R/AT APT. D5, J BLOCK, GOLDEN ORCHID LAVELLE ROAD, BANGALORE 560 001 …PETITIONERS (BY SRI. RAJAGOPAL VENKATESAN IYER, PARTY-IN-PERSON) AND: 1. KARNATAKA STATE BAR COUNCIL (KSBC) REPRESENTED BY ITS SECRETARY OLD ELECTION COMMISSION BUILDING DR. AMBEDKAR VEEDHI BANGALORE 560 001 2. DISCIPLINARY COMMITTEE OF KSBC REPRESENTED BY ITS REGISTRAR ADDRESS PER R1 ABOVE 3. KN PURSHOTHAMAN ADVOCATE NESTJUST LAW CHAMBERS NO.25/2, LADY CURZON ROAD, SHIVAJINAGAR, BANGALORE 560001 4. RAJESHWARI REDDY ADVOCATE Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:9353 WP No. 4335 of 2020 TF-3, DUKES MANSION 100, SPENCER ROAD, FRAZER TOWN, BANGALORE 560 005 …RESPONDENTS (BY SMT. SUNITHA H. SINGH., ADVOCATE FOR R3 & R4; R1 & R2 SERVED AND UNREPRESENTED) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR A COPY OF THE RELEVANT RECORDS IN DCE NO.35/2019 PENDING BEFORE THE DISCIPLINARY COMMITTEE OF THE KARNATAKA STATE BAR COUNCIL, BANGALORE AND ETC. THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The petitioner is before this Court seeking for the following reliefs; Wherefore, in the interest of justice, the petitioners most humbly & respectfully pray that this Hon’ble High Court may e pleased to; a. Call for a copy of the relevant records in DCE No.35/2019 pending before the Disciplinary Committee of the Karnataka State Bar Council, Bangalore b. Quash the order dated 01.02.2020 (per annexure-h at page no.106/111) passed in DCE No.35/2019 pending before r-2 (Disciplinary Committee of the Karnataka State Bar Council, Bangalore) c. Quash the non-speaking order dated 07.02.2020 (per annexure-k at page no.130) passed in DCE No.35/2019 by the Karnataka State Bar Council, (r-1) Bangalore. - 3 - NC: 2025:KHC:9353 WP No. 4335 of 2020 d. direct the Karnataka State Bar Council (r-1) Bangalore to- i. Obtain a duly sworn affidavit from r-4 to fortify her application dted 30.01.2020 vide Annexure-G at page No.83 seeking transfer of the enquiry in DCE No.35/2019 from DC No.III) ii. Pass reasoned order for transferring the enquiry in DCE No.35/2019 to DC No.II e. Direct the Disciplinary Committee of the Karnataka State Bar Council (r-2) Bangalore to take steps to conclude the proceedings in DCE No.35/2019 within a period of one year from the date of the receipt of the complaint per section 36B (1) of the Advocates Act and enjoin all the parties thereto (petitioners and r-3 and 4) to extend their fullest co-operation to the hon’ble Disciplinary Committee in meeting this statutory mandate. f. Call for a report from the disciplinary committee of the Karnataka State Bar Council (r2), bangalore in respect of the allegations levelled by r-4 (vide her application dated 30.01.2020 Annexure-G at page No.83 against Disciplinary Committee No.III (of ‘bias’ in adjudication, unauthorized and illegal actions/decisions and lack of knowledge/competence) g. Direct the Karnataka State Bar Council (r-1), Bangalore to take notice, suo motu, of any professional/ other misconduct committed by r-4 vide here application dated 30.01.2020 (Annexure-G at page No.83) and refer it as a fresh case for disposal to its disciplinary committee per section 35(1) of the Advocates Act. h. Take notice, suo motu, per section 15(1) of the Contempt of Courts Act, 1971 of the criminal contempt of court committed by r-4 in levelling an allegation of bias vide Annexure-G in paragraph nos.24 to 28 at page no.89 of her application dated 30.01.2020) against the learned chairman of Disciplinary Committee No.III (Court) of the Karnataka State Bar Council in rejecting r-4’s IA dated 04.08.2019 (seeking rejection of the complaint in DCE No.35/2019). - 4 - NC: 2025:KHC:9353 WP No. 4335 of 2020 i. Impose an exemplary cost of Rs.50,000/- on r-4 to be credited by her directly to the Advocates Welfare Fund. j. Grant such orders or reliefs, as this Hon’ble High Court may deem fit and proper under the circumstance of the case. 2. A memo dated 10.2.2025 has been filed and signed by the counsel for petitioner No.1 and 2 which reads as under; Memo for withdrawal The petitioners/Complainants wish to withdraw this writ petition, in which no orders have been passed to date by this Hon’ble Court. The Petitioners are withdrawing this writ petition of their own accord and, have not been coerced in any way. Wherefore, in the interest of justice, this Hon’ble Court may be pleased to permit the petitioners/complainants to withdraw this writ petition. 3. Accepting the said memo, the petition is dismissed as withdrawn. 4. In view of dismissal of the main petition, pending IA's does not survive for consideration. Hence, IA stands dismissed. SD/- (SURAJ GOVINDARAJ) JUDGE SR/List No.: 1 Sl No.: 4