SRI AMRUTH S/O VASANT JOIS v. THE KARNATAKA STATE BAR COUNCIL
WP/106786/2025 · 2025-10-17
M Nagaprasanna
body2025
DailyLaw.ai
[ 2025 DAILYLAW 37438 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 37438 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC-D:14127 WP No. 106786 of 2025
IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 17TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 106786 OF 2025 (GM-RES) BETWEEN:
SRI AMRUTH S/O. VASANT JOIS, AGE. 37 YEARS, OCC. ADVOCATE, R/O. BUDIHALMATH BUILDING, NEAR NEW COURT COMPLEX VIDYANAGAR, TQ.HUBBALLI, DIST. DHARWAD – 580 029. …PETITIONER (BY SRI. S. A. SONDUR, ADVOCATE)
AND:
1. THE KARNATAKA STATE BAR COUNCIL, OLD KGID BUILDING, DR. AMBEDKAR ROAD, BENGALURU-560 001, REPRESENTED BY ITS SECRETARY. 2. THE BAR ASSOCIATION, HUBBALLI, COURT COMPLEX, TQ. HUBBALLI, DIST. DHARWAD-580029, REPRESENTED BY ITS PRESIDENT. 3. THE BAR ASSOCIATION, HUBBALLI, COURT COMPLEX, TQ. HUBBALLI, DIST. DHARWAD – 580 029, REPRESENTED BY ITS SECRETARY. 4. THE RETURNING OFFICER, HUBBALLI BAR ASSOCIATION, COURT COMPLEX, TQ. HUBBALLI, DIST. DHARWAD – 580 029. …RESPONDENTS (BY SMT. ARCHANA MAGADUM, ADVOCATE FOR R1;
SRI. V.M.SHEELVANT, ADVOCATE FOR R2;
R4 - SERVED)
VISHAL NINGAPPA PATTIHAL Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka Dharwad Bench Date: 2025.10.28 15:45:52 +0530
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HC-KAR NC: 2025:KHC-D:14127 WP No. 106786 of 2025
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI QUASHING THE IMPUGNED ENDORSEMENT BEARING NO. NIL DATED. 13/08/2025 ISSUED BY RESPONDENT NO.2 AND 3 VIDE ANNEXURE-F. ISSUE A WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENTS NO. 2 TO 4 TO PUBLISH THE FRESH LIST OF VOTERS IN ACCORDANCE WITH CIRCULAR BEARING NO. KSBC/1471/2025 DATED 16/08/2025 ISSUED BY RESPONDENT NO. 1 VIDE ANENXURE-G, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC.,
THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA)
1. The petitioner is before this Court seeking the following prayer:
“A.Issue a Writ in the nature of Certiorari quashing the impugned endorsement bearing no. nil dated. 13/08/2025 issued by respondent no.2 and 3 vide Annexure-F.
B. Issue a writ in the nature of Mandamus directing the respondents no. 2 to 4 to publish the fresh list of voters in accordance with circular bearing no. KSBC/1471/2025 dated 16/08/2025 issued by respondent no. 1 vide Anenxure-G, in the interest of justice and equity. C. Any other reliefs this Hon’ble Court deems fit for the facts and circumstances of the case.”
2.
Heard Sri.S.A.Sandur, learned counsel for the petitioner, Smt.Archana Magadum learned counsel for
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HC-KAR NC: 2025:KHC-D:14127 WP No. 106786 of 2025
respondent No.1 and Sri.V.M.Sheelvant, learned counsel for respondent No.2. 3. The co-ordinate Bench of this Court, owing to the
submissions made by the learned counsel for the petitioner, had earlier passed the following order:
1.
“Learned counsel Ms.Archana Magadum is
directed to accept notice for respondent No.1.
2.
Learned counsel for the petitioner submitted that, the earlier calendar of events which had been issued has been withdrawn and there is no calendar of events in force as on today, since the reservation, in pursuance of the direction of the Hon'ble Apex Court, it is to be implemented.
3. The contention of the petitioner is that, the final voters list does not comply with the COP Rules inasmuch as the persons who have not received the COP certificate are also included in the final voters list. In that view of the matter, the respondents would have to finalize the voters list in terms of the COP Rules. This contention is borne out by the records inasmuch as, in terms of Annexure-B issued by the Karnataka State Bar Council, the total number of advocates who have submitted their COP is 1117, whereas the preliminary voters list indicates that there are
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HC-KAR NC: 2025:KHC-D:14127 WP No. 106786 of 2025
1440 voters, there being nearly 300 persons in addition. I am of the considered opinion that the said voters list cannot be considered and/or finalized.
4. The respondents are therefore restrained from issuing fresh calendar of events, if not already issued, until finalisation of the voters list in terms of the COP Rules.
5. Issue emergent notice to respondents Nos.2 to 4, returnable by 14.10.2025. Liberty is reserved to the respondents to move the Court for modification of the order after they have complied with the COP Rules. 6.
6. Re-list on 14.10.2025.”
4.
Learned counsel, Sri V.M. Sheelavant, appearing for the Association, submits that the election should be conducted strictly in consonance with the order dated
15.09.2025.
5. In view of the said submission, I deem it appropriate to dispose of the petition with a direction to the respondent-Association to hold the elections in terms of the directions issued in the order dated 15.09.2025, in
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HC-KAR NC: 2025:KHC-D:14127 WP No. 106786 of 2025
accordance with the undertaking now rendered by the
learned counsel, Sri V.M. Sheelavant.
6. Ordered accordingly.
Sd/- (M.NAGAPRASANNA) JUDGE
AC/CT-ASC List No.: 1 Sl No.: 49