- 1 - HC-KAR NC: 2025:KHC:51256 WP No. 36812 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 36812 OF 2025 (GM-WAKF) BETWEEN: SRI ASIF ALI SHAIK HUSSSAIN S/O LATE. SHAIKH HUSSAIN, AGED ABOUT 71 YEARS, AMEENPUR STREET, GADAQ ROAD, KOPPAL-583231. …PETITIONER (BY SRI. JAYAKUMAR S. PATIL., SR. ADVOCATE FOR SRI. MAHAMMED TAHIR A.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF MINORITY WELFARE, HAJ AND WAQFS, VIKASA SOUDHA, BENGALURU 560 001 REPRESENTED BY ITS SECRETARY. 2. KARNATAKA STATE BAR COUNCIL, OLD ELECTION COMMISSION BUILDING DR. AMBEDKAR VEEDHI BENGALURU 560 001 REPRESENTED BY ITS SECRETARY. 3. KARNATAKA STATE BOARD OF AUQAF, NO. 6, CUNNINGHAM ROAD, VASANTH NAGAR, BENGALURU 560 051 REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER. …RESPONDENTS (BY SRI. B. RAVINDRANATH., AGA FOR R1; SRI. P. USMAN., 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 Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:51256 WP No. 36812 of 2025 NATURE OF CERTIORARI QUASHING THE IMPUGNED ORDER BEARING NO.MWD-WES/56/2024 DTD. 28.11.2025 ISSUED BY THE R-1 AT ANNX-H AND ETC. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The Petitioner is before this Court seeking for the following reliefs; a. "To issue Writ in the nature of certiorari quashing the Impugned order bearing No.MWD-WES/56/2024 dated 28.11.2025 issued by the Respondent No.1 at Annexure-H. b. Pass such other writ, order or direction that this Hon’ble Court deems fit to pass in the circumstances of the case. " 2. The grievance of the Petitioner is that despite the Petitioner still continuing to be a member of the Karnataka State Bar Council (‘KSBC’ for short) by virtue of the order/notification dated 28.11.2025 issued by Respondent No.1, the membership of the Petitioner with Respondent No.3 has been terminated on account of his tenure as a member of the KSBC having allegedly come to an end on 03.11.2025. - 3 - HC-KAR NC: 2025:KHC:51256 WP No. 36812 of 2025 3. Sri Jayakumar S. Patil, learned Senior Counsel, would submit that the election to the KSBC was held on 27.03.2018. Though the results were declared on 27.06.2018, notification was issued only on 05.11.2018, and as such, the term of 5 years of the Petitioner would expire on 04.11.2023. In terms of Section 8 of Advocates Act, 1961, (hereinafter referred to as ‘the Advocates Act’ for short) the Bar Council of India had extended the term by a period of 6 months and as such, the term continued until 03.05.2024 and in terms of Rule 32 of the Bar Council of India Certificate and Place of Practice (Verification) Rules, 2015 (hereinafter referred to as ‘the Rules, 2015’ for short), the term of the members of the Bar Council had been extended so as to complete the process of verification within 18 months and complete the process of election within a period of 6 months therefrom. 4. On the above basis, he submits that the term stood extended by a period of 24 months and as such, will continue in force until 02.05.2026. - 4 - HC-KAR NC: 2025:KHC:51256 WP No. 36812 of 2025 5. His submission is that the impugned order passed by Respondent No.1 on the premise that the Petitioner's term would come to an end on 03.11.2025 is misplaced since a period prescribed under Rule 32 of Rules, 2015 has not been taken into consideration by Respondent No.1. 6. Learned AGA on behalf of Respondent No.1 submits that when a notice had been issued, Respondent No.2 had indicated that the term comes to an end on 03.11.2025 and it is on that basis that the order has been passed. Rule 32 of Rules, 2015 not having been brought to notice by either the KSBC or by the Petitioner, the same could not be taken into consideration. 7. Heard Sri Jayakumar S. Patil, learned Senior Counsel appearing for the petitioner, learned AGA for respondent No.1, Sri P. Usman, learned counsel for respondent No.3 and perused the papers. 8. There is no dispute insofar as the election of the Petitioner is concerned, the term of the Petitioner as also the extension by the Bar Council under Section 8 of the - 5 - HC-KAR NC: 2025:KHC:51256 WP No. 36812 of 2025 Advocates Act comes to end on 03.05.2024. What apparently seems to be the issue is the interpretation of Rule 32 of the Rules, 2015. The said Rule is reproduced hereunder for easy reference: “Rule 32. In case the term of elected members of any state Bar Council is likely to expire/expires due to delay in the process of identification of non-practicing advocates or verification of their certificates or delay in the preparation in the electoral roll for the election to the state Bar Councils due to the aforementioned reasons, the Bar Council of India may allow the elected members/and the office-bearers of the State Bar Council(s) to continue to function beyond their extended tenure under Section 8 of the Advocates’ Act, 1961 in order to complete the process of verification and in order to ensure that no non- practicing Advocate becomes a voter or a member of any state Bar Council. The State Bar Council(s) shall be required to complete the process of verification within a period of 18 months from the date of extension of their tenure by the Bar Council of India and shall complete the process of election within a period of 6 months therefrom. In case, of failure to complete the process of verification and the election within the said extended period as prescribed under this Rule, the Bar Council of India may dissolve the State Bar Council and shall proceed to constitute the Special Committee as provided under Section 8A of the Advocates Act, 1961.” 9. A perusal of Rule 32 of the Rules, 2015 would indicate that in case of the term of the elected members of any State Bar Council is likely to expire or expires due to delay in the process of identification of non-practicing - 6 - HC-KAR NC: 2025:KHC:51256 WP No. 36812 of 2025 advocates, the said term is to be extended till the completion of election in that, 18 months is granted during which the State Bar Council shall be required to complete the process of verification from the date of extension of their tenure by the Bar Council of India and that the process of election would have to be completed within a period of 6 months therefrom. 10. The said Rule does not actually prescribe the period of extension but only indicates that the verification is required to be completed within 18 months from the date of extension and the election to be completed within 6 months thereafter. Thus, essentially providing 24 months to the currently elected representatives in the Bar Council to complete the verification and hold the election. 11. The term, as per the extended period, having come to an end on 03.05.2024 would stand extended by a period of 18 months to complete the process of verification and thereafter a period of 6 months to hold the election which would end on 02.05.2026. As such, it would be required for the KSBC to hold election before 02.05.2026. In the - 7 - HC-KAR NC: 2025:KHC:51256 WP No. 36812 of 2025 event of elections being held before that date, then the term would end on the gazette notification of the new members is published. 12. The interpretation which has been given by Respondent No.1 on which basis Annexure-H has been passed is not proper and correct and not in accordance with Rule 32 of the Rules, 2015. As such, I pass the following: ORDER i. Writ petition is allowed. ii. A certiorari is issued, the impugned order bearing No.MWD-WES/56/2024 dated 28.11.2025 issued by Respondent No.1 at Annexure-H, is quashed. iii. The hand delivery of the operative portion is ordered. SD/- (SURAJ GOVINDARAJ) JUDGE KTY/List No.: 2 Sl No.: 2