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2025 DAILYLAW 84534 (KAR)

CHANDRASHEKHAR S/O RAMANNA RATHOD v. THE ADVOCATES ASSOCIATION BAGALKOTE (R)

WP/107986/2025 · 2025-12-09

M Nagaprasanna

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:17730 WP No. 107986 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. 107986 OF 2025 (GM-RES) BETWEEN: 1. CHANDRASHEKHAR S/O. RAMANNA RATHOD AGE: 52 YEARS, OCC: ADVOCATE, R/O. B BLOCK, ADVOCATES CHAMBER, COURT COMPLEX, NAVANAGAR BAGALKOTE 587103. 2. NINGANNA S/O. HIREGOUDAR GOUDAR AGE: 51 YEARS, OCC: ADVOCATE, R/O. B BLOCK ADVOCATES CHAMBER, COURT COMPLEX NAVANAGAR, BAGALKOTE 587103. 3. PRAMOD S/O. VIJAY SHIVANAGOUDAR AGE: 46 YEARS, OCC: ADVOCATE, R/O. B BLOCK, ADVOCATES CHAMBER, COURT COMPLEX, NAVANAGAR BAGALKOTE 587103. 4. BASAVARAJ S/O. SANGAPPA BAGAWATI, AGE: 46 YEARS, OCC: ADVOCATE, R/O. B BLOCK, ADVOCATES CHAMBER, COURT COMPLEX, NAVANAGAR , BAGALKOTE 587103. 5. RAVI @ RAVINDRA S/O. VITTHAL KAVADIMATTI AGE: 62 YEARS, OCC: ADVOCATE, R/O. B BLOCK, ADVOCATES CHAMBER, COURT COMPLEX, NAVANAGAR, BAGALKOTE-587103. 6. MANJUNATH S/O. BASAPPA ITAGI AGE: 32 YEARS, OCC: ADVOCATE, R/O. B BLOCK, ADVOCATES CHAMBER, COURT COMPLEX, NAVANAGAR 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:17730 WP No. 107986 of 2025 BAGALKOTE 587103. …PETITIONERS (BY SRI. K. L. PATIL, ADVOCATE) AND: 1. THE ADVOCATES 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 560001 BY ITS SECRETARY …RESPONDENTS (BY SRI.V. M. SHEELVANT, ADVOCATE; 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. 3 DATED 19/09/2025 PASSED BY THE 1ST RESPONDENT ASSOCIATION VIDE ANNEXURE-F AND ETC., THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING IN B GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. The petitioners are 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.3 dated 19/09/2025 passed by the 1st Respondent Association vide Annexure-F. 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 - 3 - HC-KAR NC: 2025:KHC-D:17730 WP No. 107986 of 2025 Association for having passed such illegal and high handed Resolution No. 3 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 petitioners, learned counsel V.M.Sheelvant for respondent No.1 and the learned counsel Smt.Archana Magadum for respondent No.2. 3. The petitioners, members of the Bagalkote Bar Association, are before the Court calling in question their disqualification. The disqualification admittedly is not preceded by any agenda for the date on which the meeting was held. Without there being an agenda and deliberation upon the said agenda, to the shock and surprise of the petitioners themselves, who were 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. - 4 - HC-KAR NC: 2025:KHC-D:17730 WP No. 107986 of 2025 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. 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