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2025 DAILYLAW 48122 (KAR)

RAMESH S/O RANGAPAP BADNUR v. THE ADVOCATE ASSOCIATION BAGALKOTE (R)

WP/107991/2025 · 2025-12-09

M Nagaprasanna

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:17731 WP No. 107991 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 9TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 107991 OF 2025 (GM-RES) BETWEEN: RAMESH S/O RANGAPPA BADNUR AGE. 34 YEARS, OCC. ADVOCATE R/O.MUNIPAL COMPLEX, BEHIND DISTRICT COURT, NAVANAGAR, BAGALKOTE-587103 …PETITIONER (BY SRI. K. L. PATIL, ADVOCATE) AND: 1. THE ADVOCATE ASSOCIATION BAGALKOTE (R) ADVOCATES BHAVAN, SECTOR NO.24 NAVANAGAR, BAGALKOTE-587103 BY ITS SECRETARY 2. THE KARNATAKA STATE BAR COUNCIL OLD ELECTION COMMISSION BUILDING BENGALURU-560 001 BY ITS SECRETARY …RESPONDENTS (BY SRI. V.M. SHEELVANT, ADVOCATE FOR R1; SMT. ARCHANA MAGADUM, ADVOCATE FOR R2) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE ANY WRIT, ORDER, OR DIRECTIONS IN THE NATURE OF CERTIORARI TO SET ASIDE THE RESOLUTION NO.4 DATED 19.09.2025 PASSED BY THE 1ST RESPONDENT ASSOCIATION VIDE ANNEXURE-H AND ETC., THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING IN B GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER: RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka Dharwad Bench Date: 2025.12.12 14:34:17 +0530 - 2 - HC-KAR NC: 2025:KHC-D:17731 WP No. 107991 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. The petitioner is before this Court seeking the following prayer: A. ISSUE any Writ, Order, or directions in the nature of Certiorari to set aside the resolution no.4 dated 19.09.2025 passed by the 1st Respondent Association vide Annexure-H. B. ISSUE any Writ, Order, or directions in the nature of Mandamus directing the Respondent No.2 to hold the enquiry against the Respondent No.1 Association for having passed such illegal and high handed Resolution No. 2 dated 19.09.2025 C. Grant any other reliefs as deemed fit by this Hon’ble Court in the facts and circumstances of the case including awarding of the cost, in the interest of justice and equity. 2. Heard the learned counsel Sri.K.L.Patil appearing for the petitioner, learned counsel V.M.Sheelvant for respondent No.1 and the learned counsel Smt.Archana Magadum for respondent No.2. 3. The petitioner, a member of the Bagalkote Bar Association, is before the Court calling in question his disqualification. The disqualification admittedly is not preceded by any agenda for the date on which the meeting was held. - 3 - HC-KAR NC: 2025:KHC-D:17731 WP No. 107991 of 2025 Without there being an agenda and deliberation upon the said agenda, to the shock and surprise of the petitioner himself, who was present in the meeting, the disqualification order is passed. 4. In the light of the disqualification not preceded by any agenda or deliberations upon it and it having serious civil consequences, the order of disqualification could not have been passed by the respondent-Association. 5. The learned counsel Sri.V.M.Sheelvant representing the Bar would admit that the order could not have been passed without there being an agenda or a deliberation for the disqualification process as disqualification undoubtedly entails in civil consequences. 6. In that light, the order being in utter violation of principles of natural justice, I deem it appropriate to obliterate the same. 7. For the aforesaid reason, the following: ORDER I. Petition is allowed. - 4 - HC-KAR NC: 2025:KHC-D:17731 WP No. 107991 of 2025 II. The resolution dated 19.09.2025 passed by respondent No.1 stands quashed. Sd/- (M.NAGAPRASANNA) JUDGE KGK CT:ANB List No.: 1 Sl No.: 0