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2025 DAILYLAW 59123 (KAR)

KUTUBUDDIN S/O HUSSAINSAB ALIAS HUSENI AWATI v. THE BAR ASSOCIATION

WP/108235/2025 · 2025-11-20

M Nagaprasanna

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:15993 WP No. 108235 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 20TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 108235 OF 2025 (GM-RES) BETWEEN: KUTUBUDDIN S/O. HUSSAINSAB @ HUSENI AWATI, AGE: 45 YEARS, OCC: LEGAL PRACTIONER, R/O: GASTI PLOT, ATHANI, TQ: ATHANI, DIST: BELAGAVI-591304 …PETITIONER (BY SRI. GIRISH A. YADAWAD, ADVOCATE) AND: THE BAR ASSOCIATION, ATHANI, R/BY ITS GENERAL SECRETARY TQ: ATHANI, DIST: BELAGAVI-591304. …RESPONDENT (BY SRI.MALLIKARJUN B. HIREMATH, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI TO QUASH THE IMPUGNED RESOLUTION DATED ORDER DATED 23.07.2025 PASSED BY THE RESPONDENT BAR ASSOCIATION VIDE ANNEXURE-J INSOFAR AS IT PERTAINS TO REMOVAL OF THE PETITIONER AS A MEMBER OF THE RESPONDENT BAR ASSOCIATION, IN THE INTEREST OF JUSTICE AND EQUITY. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:15993 WP No. 108235 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 a writ of certiorari to quash the impugned resolution dated order dated 23.07.2025 passed by the Respondent Bar Association vide Annexure-J insofar as it pertains to removal of the petitioner as a member of the respondent bar association, in the interest of justice and equity. b. Pass such order or orders which this Hon'ble court deems fit and necessary under the facts and circumstances of the case, in the interest of justice and equity. 2. Heard the learned counsel Sri.Girish A.Yadwad for the petitioner and the learned counsel Sri.Mallikarjunswamy Hiremath appearing for the respondent. 3. The petitioner is a life member of the respondent- Athini Bar Association. The issue in the lis is the removal of the name of the petitioner from the Bar Association, without issuance of any notice. 4. The learned counsel appearing for the petitioner submits that the only allegation against the petitioner is that the petitioner had filed Writ Petition against Bar Association in W.P.105031 of 2025, challenging the list of eligible voters while - 3 - HC-KAR NC: 2025:KHC-D:15993 WP No. 108235 of 2025 seeking a direction to the returning officer to conduct the elections. The learned counsel submits that the axe falls on him for the reason that he has filed a writ petition against the Bar Association for the reasons as narrated in the said petition. 5. The learned counsel Sri.Mallikarjunswamy Hiremath is not in a position to dispute the fact that there was any notice issued to the petitioner prior to his removal, but would submit that the petitioner did participate in the resolution, which led to the passage of the impugned order. 6. The learned counsel Sri.Girish Yadwad would clarify that on the date of the resolution, though petitioner was present, no such agenda in the meeting notice even was placed before the Board. Therefore, without an agenda, the removal of the name of the petitioner could not have sprung. Nonetheless, he submits that even if it was a resolution, it would not comply with principles of natural justice of issuance of notice. 7. In the light of the aforesaid submissions and contra- submissions, since the issue lies in a narrow compass, I deem it appropriate to obliterate the order and permit the respondent to - 4 - HC-KAR NC: 2025:KHC-D:15993 WP No. 108235 of 2025 issue a notice, if they so desire and pass necessary orders in accordance with law. 8. For the aforesaid reasons, the following: ORDER I. Writ Petition is allowed. II. The impugned resolution dated 23.07.2025 passed by the respondent-Bar Association vide Annexure-J insofar as it pertains to removal of the petitioner as a member of the respondent Bar Association stands quashed with the aforesaid liberty. III. It is made clear the subject petition is not answered on the merit of the claim of the petitioner. Sd/- (M.NAGAPRASANNA) JUDGE KGK CT:ANB List No.: 1 Sl No.: 23