- 1 - HC-KAR NC: 2025:KHC:38073 WP No. 6247 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 6247 OF 2025 (GM-RES) BETWEEN: MR RAHMATHULLAHKOTHWAL S/O BASHA AHMED KOTHWAL AGED ABOUT 51 YEARS R/O NO4/1, SHAMSHUDDIN MEMORIAL BUILDING HHS COMPLEX COMPOUND CUBBONPET MAIN ROAD, BANGALORE-560002. …PETITIONER (BY SRI.RAHAMUTHULLAKOTHWAL., PARTY-IN- PERSON) AND: 1. THE KARNATAKA STATE BAR COUNCIL REPRESENTED BY ITS SECRETARY OLD ELECTION COMMISSION BUILDING, DR. AMBEDKARVEEDHI BENGALURU 560 001. Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:38073 WP No. 6247 of 2025 2. THE BAR COUNCIL OF INDIA, REPRESENTED BY THE SECRETARY, 21, ROUSE AVENUE INSTITUTIONAL AREA, NEAR BALBHAWAN, NEW DELHI - 110 002. …RESPONDENTS (BY SRI.T.P. VIVEKANANDA., ADVOCATE) THIS W.P. IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-1 AND 2 TO CONSIDER THE REPRESENTATIONS DATED 07.01.2025 BY THE PETITIONER VIDE ANNX-A AND B; DIRECTION TO R-2 TO IMMEDIATELY DISSOLVE THE PRESENT KARNATAKA STATE BAR COUNCIL R-1 AS PER THE NOTIFICATION F.NO. BCI : d: 3430/2023 NOTIFICATION DATED 23.06.2023 ISSUED BY R-2 VIDE ANNX-C; TO DIRECT R-2 THE BAR COUNCIL OF INDIA TO IMMEDIATELY CONSTITUTE A SPECIAL COMMITTEE UNDER SECTION 8A OF THE ADVOCATES ACT, 1961; DIRECT THE R-2 TO IMMEDIATELY CONDUCT ELECTIONS FOR THE OFFICE OF R-1 THE KARNATAKA STATE BAR COUNCIL. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:38073 WP No. 6247 of 2025 CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD ORAL ORDER The petitioner, a learned member of the bar, seeks for directions as under: (a) to the Karnataka State Bar Council [KSBC - the first Respondent] to consider his Representations dated 07.01.2025 [Annexure-A & B]. (b) to the Bar Council of India [BCI – the second respondent] to immediately dissolve the KSBC. (c) to the BCI to immediately constitute a special Committee under section 8A of the Advocates Act, 1961. (d) to the BCI to immediately conduct elections for the office of the KSBC. This Court on 14.08.2025 has recorded the following questions as relevant for the purposes of disposal of this petition reserving liberty to the BCI and KSBC to file their response on the respective questions. The first question is because of the BCI’s Communication - 4 - HC-KAR NC: 2025:KHC:38073 WP No. 6247 of 2025 dated 31.07.2025 calling for the KSBC’s preparedness to hold elections1. [a] Whether the pendency of the writ petition with the Apex Court on the process for issuance of Certificate of practice, could be a reason to not hold elections especially in the light of the communication dated 31.07.2025 wherein it is stated that the elections to the KSBC shall be notified shortly. [b] Whether, the KSBC is paying attention to its preparedness to hold elections to the KSBC. 1 The relevant part of this Communication reads as under: In the light of the above, the Bar Council of India shall notify the elections shortly, depending upon the ground situation and preparation of the respective State Bar Councils. You are therefore directed to urgently begin election-related preparations, and to submit the above-requested report on the status of verification/declaration positively by 10th August 2025. - 5 - HC-KAR NC: 2025:KHC:38073 WP No. 6247 of 2025 2. This Court on 12.09.2025 has summed up the BCI’s stand on the first question thus: "Smt Anubha Srivastava, the learned counsel for the second respondent [BCI], inviting this Court's attention to the affidavit filed in terms of the liberty, submits that the ongoing verification of members enrolled with the concerned State Bar Councils is being supervised by the High Power Committee constituted by the Apex Court, that the elections to the State Bar Councils will be notified by the orders of the Apex Court, that the imminent final hearing in such proceedings before the Apex Court will be in September 2025. This Court must also record the BCI’s stand that any statement in the Communication dated 31.07.2025 cannot be construed as a decision to hold elections immediately because a decision will have to be taken based on the outcome in the proceedings with the Apex Court." 3. Ms. Anubha Srivastava submits that this Court may consider deferring disposal because a - 6 - HC-KAR NC: 2025:KHC:38073 WP No. 6247 of 2025 transfer petition is filed with the Apex Court for transfer of the petition in W.P.No. 6247/2025 and W.P.No. 8539/20252. However, Sri. Rahamuthulla Kothwal, the petitioner who is reserved with the liberty to respond in view of the above submission, submits that the Apex Court has not stayed the further proceedings and that the petition may be disposed with the present submissions by the BCI and subject to orders on the second question. 4. This Court, on 12.09.2025, has recorded the BCI’s response on the second question as under: "1. In order to provide final opportunity to the advocates who have not filed COP to file the COP the time was extended till 10.09.2025. 2 The petition in W.P.No.8539/2025 stands deferred to be listed on 10.10.2025 because of the transfer petition with the Apex Court. - 7 - HC-KAR NC: 2025:KHC:38073 WP No. 6247 of 2025 2. The list of eligible voters including the list of Advocates who have filed COP till 10.09.2025 would be published within six weeks. 3. The list of eligible voters and the list of Advocates who have submitted COPs would be sent to the respective Bar Associations for Publication. 4. All necessary steps for conducting the elections to Karnataka State Bar Council would be taken depending upon the directions of the Hon'ble Supreme Court and the instructions of the Bar Council of India as regards notifying the date for holding the election to the Karnataka State Bar Council." 5. In continuation, Sri T.P.Vivekananda, the learned counsel for the KSBC, submits that [a] a Voter’s list is published on 20.09.2025 and is also circulated amongst the concerned Bar Associations for their comments, [b] these comments can be forwarded until 30.10.2025, [c] upon receipt of the comments and verification - 8 - HC-KAR NC: 2025:KHC:38073 WP No. 6247 of 2025 thereof, the final Voters List will be circulated to all the Associations by 15.11.2025, and [d] the Voters List of those who have filed Certificate of Practices till 10.09.2025 will be published within six weeks. 6. The petitioner, because the decision on elections to the Bar Council is before the Apex Court and the BCI must await the outcome of the decision in such proceedings, acknowledges that the petition must be disposed on this score, and on the next score because the KSBC has also placed on record its preparedness on the Voters’ List for elections as and when it must be held based on the Apex Court’s decision. As such, the petition stands disposed of. Sd/- (B M SHYAM PRASAD) JUDGE NV