- 1 - HC-KAR NC: 2025:KHC-D:15841 WP No. 108647 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 18TH DAY OF NOVEMBER 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 108647 OF 2025 (GM-RES) BETWEEN: ASHOK BALIGAR S/O. VEERABHADRAPPA, AGE: 58 YEARS, OCC: ADVOCATE AND EX-PRESIDENT OF THE BAR ASSOCIATION, HUBBALLI, R/O: SHRI VEERABHADRESHWAR KRUPA NEAR OLD INCOME TAX OFFICE, VIDYANAGAR, HUBBALLI NEAR ENG COLLLEGE, HUBBALLI – 580 031. …PETITIONER (BY SRI. SACHIN C. ANGADI, SRI. SUNIL KUMAR S. & TEJESHWAR K., ADVOCATES) AND: 1. THE KARNATAKA STATE BAR COUNCIL, OLD KGID BUILDING, DR. AMBEDKAR ROAD, BANAGALORE – 560 001, R/BY ITS SECRETARY. 2. THE BAR ASSOCIATION HUBBALLI, COURT COMPLEX, HUBBALLI, TQ. HUBBALLI, DIST. DHARWAD, R/BY ITS PRESIDENT, PINCODE – 580 021. 3. THE RETURNING OFFICER, THE BAR ASSOCIATION HUBBALLI, COURT COMPLEX, HUBBALLI – 580 021. Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:15841 WP No. 108647 of 2025 4. THE BAR ASSOCIATION HUBBALLI, COURT COMPLEX HUBBALLI, TQ. HUBBALLI, DIST. DHARWAD, R/BY ITS SECRETARY, PINCODE – 580 021. …RESPONDENTS (BY SRI. V.M.SHEELVANT, ADVOCATE FOR R2 & R4; SMT. ARCHANA MAGADUM, ADVOCATE FOR R1; SRI. K.B.SHIVAKUMAR IN PERSON-R3; SRI. SUSHIL JADHAV, ADVOCATE FOR R3) 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 VOTER LIST DATED 17/11/2025, ISSUED BY RESPONDENT NO. 3 (RETURNING OFFICER), PRODUCED AT ANNEXURE-B. ISSUE A WRIT IN THE NATURE OF MANDAMUS DIRECTING RESPONDENT NO. 3 TO PREPARE A FRESH AND CORRECT VOTER LIST STRICTLY IN ACCORDANCE WITH THE UPDATED COP LIST ISSUED BY RESPONDENT NO. 1 (KARNATAKA STATE BAR COUNCIL, BENGALURU), PRODUCED AT ANNEXURE-C, AND FURTHER DIRECT THE RESPONDENTS TO INCLUDE THE NAME OF THE PETITIONER IN THE VOTER LIST OF THE BAR ASSOCIATION, HUBBALLI, AND TO PERMIT THE PETITIONER TO CAST HIS VOTE AND TO CONTEST FOR THE POST OF PRESIDENT IN THE ELECTION OF RESPONDENT NO. 2. ISSUE A WRIT OR AN APPROPRIATE DIRECTION TO CONDUCT THE ELECTION OF RESPONDENT NO. 2 ONLY AFTER PREPARING A CORRECTED VOTER LIST, UPON RECEIVING THE FINAL UPDATED LIST FROM RESPONDENT NO. 1, IN ACCORDANCE WITH LAW AND ETC., THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:15841 WP No. 108647 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. The petitioner is before this Court calling in question the voters list so notified on 17.11.2025 along with the calendar of events for the conduct of election to the Hubballi Bar Association. 2. This Court disposed the writ petition filed by one of the members of the Hubballi Bar Association in Writ Petition No.106786 of 2025 by the following order: 1. 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 - 4 - HC-KAR NC: 2025:KHC-D:15841 WP No. 108647 of 2025 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 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.” 2. 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. 3. 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 accordance with the undertaking now rendered by the learned counsel, Sri V.M. Sheelavant. 3. The learned counsel Sri. V.M. Sheelvant appearing for the Association had undertaken that the election would be held strictly in consonance with the order passed by the Co- ordinate Bench on 15.09.2025. The Co-ordinate Bench had directed that the voters list, as obtaining on the date to be the foundation for the preparation of the voters list and the conduct of elections. The present petition is now preferred on the score - 5 - HC-KAR NC: 2025:KHC-D:15841 WP No. 108647 of 2025 that the respondent-Association has committed contempt of the undertaking before this Court and the order passed by the Co- ordinate Bench, for the reason that the list is drawn of certain members which is dated 22.11.2025, a date which is yet to come. Even the learned counsel Sri. V.M. Sheelvant submits that there is a mistake by the Returning Officer of the Bar Association in printing a date in future. The learned counsel further undertakes, yet again, that the election would be held in accordance with the voters list that is drawn on 17.11.2025 which has in it 1349 members. 4. The learned counsel Smt. Archana Magadum appearing for first respondent would confirm that the list that is notified by the Election Officer of the Bar Association is in fact 1349 members. 5. Therefore, the elections now slated to be held shall be held in strict consonance with what is ordered by the Co- ordinate Bench and followed by this Court and as undertaken by respondent Nos.2 and 4. Any tinkering or tweaking now with the voters list despite the undertaking or the observation made by this Court would fringe on the borders of contempt and this - 6 - HC-KAR NC: 2025:KHC-D:15841 WP No. 108647 of 2025 Court has no reason to believe that the respondent Election Officer would be committing contempt of this Court by tinkering or tweaking with the list in doing addition or deletion to the member 1349, as is indicated hereinabove. 6. With the aforesaid observations, the petition stands disposed. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE kmv CT-ASC