- 1 - HC-KAR NC: 2025:KHC-D:12087 WP No. 107881 of 2024 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 15TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 107881 OF 2024 (GM-RES) BETWEEN: SUNIL S/O. SHRISHAILAPPA SANIKOP, AGE: 50 YEARS, OCC: ADVOCATE, R/O: CTS NO.7501, SECTOR NO.11, MAHANTESH NAGAR, BELAGAVI, DIST: BELAGAVI – 590 017. … PETITIONER (BY SRI. MAHANTESH R. PATIL, SRI M.P. NAVALUR AND SRI SIDDANAGOUDA F. PATIL, ADVOCATES) AND: 1. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES JAKKERI HONDA, BELAGAVI – 590 001. 2. THE KARNATAKA STATE BAR COUNCIL OLD ELECTION COMMISSION BUILDING BENGALURU- 560 010, BY ITS CHAIRMAN. 3. THE BELAGAVI ADVOCATES ASSOCIATION (BBA), REPRESENTED BY ITS SECRETARY, DISTRICT COURT COMPLEX, BELAGAVI, DIST: BELAGAVI-590 001. 4. SRI SHIVAPPA SADEPPA KIWADSANNAVAR, AGE: 64 YRS, OCC: PRESIDENT BAA, R/O: PLOT NO.95, Digitally signed by GIRIJA A. BYAHATTI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:12087 WP No. 107881 of 2024 GANGA NIVAS BUDA LAYOUT, RAMATHEERTH NAGAR, BELAGAVI, DIST: BELAGAVI - 590 016. 5. SRI BASAVARAJ MALLAPPA MUGALI, AGE: 42 YRS, OCC: VICE PRESIDENT BAA, R/O: BELAGAVI BAR ASSOCIATION BELAGAVI, DIST: BELAGAVI – 590 001. 6. SRI VIJAYKUMAR VENKANGOUDA PATIL, AGE: 49 YRS, OCC: VICE PRESIDENT BAA, R/O: PLOT NO 937 “SIDDI SANKALP” BLDG VANTAMURY COLONY, BELAGAVI, DIST: BELAGAVI – 590 001. 7. SRI YALLAPPA KRISHNA DIVATE, AGE: 45 YRS, OCC: SECRETARY BAA, R/O. PLOT NO. 7, DEVARAJ URAS COLONY, BASAVAN KUDACHI, BELAGAVI – 590 012. 8. VISHWANATH BASAVARAJ SULTANPURI, AGE: 31 YEARS, OCC: JOINT SECRETARY, R/O. LIG-41 MAHANTESH NAGAR, BELAGAVI – 590 017. 9. SHRI SUMITKUMAR S. AGASAGI, AGE: 31 YRS, OCC: MANAGING COMMITTEE MEMBER, R/O. BELAGAVI BAR ASSOCIATION, BELAGAVI, DIST: BELAGAVI – 590 001. 10. SHRI IRANNA Y PUJER, AGE: 30 YRS, OCC: MANAGING COMMITTEE MEMBER-BBA, R/O: BELAGAVI BAR ASSOCIATION, BELAGAVI, DIST: BELAGAVI – 590 001. 11. SRI VINAYAK KALLAPPA NINGANURE, AGE: 29 YRS, OCC: MANAGING COMMITTEE MEMBER, - 3 - HC-KAR NC: 2025:KHC-D:12087 WP No. 107881 of 2024 R/O. BELAGAVI BAR ASSOCIATION, BELAGAVI, DIST: BELAGAVI – 590 001. 12. SRI. SURESH N NAGANURI, AGE: 35 YRS, OCC: MANAGING COMMITTEE MEMBER-BBA, R/O: BELAGAVI BAR ASSOCIATION, BELAGAVI, DIST: BELAGAVI – 590 001. 13. SRI ANEEL S PATIL, AGE: 29 YRS, OCC: MANAGING COMMITTEE MEMBER-BBA R/O. BELAGAVI ADVOCATES ASSOCIATION BELAGAVI, DIST: BELAGAVI – 590 001. 14. MISS ASHWINI VIJAY HAVALDAR AGE. 28 YRS OCC. MANAGING COMMITTEE MEMBER-BBA R/O. BELAGAVI BAR ASSOCIATION BELAGAVI DIST: BELAGAVI – 590 001. … RESPONDENTS (BY SRI. T. HANUMAREDDY, AGA FOR R1; SMT. ARCHANA A. MAGADUM, ADVOCATE FOR R2; SRI SANGRAM S. KULKARNI, ADVOCATE FOR R3, R4, R6, R7 AND R12; SRI MAQBOOL AHAMED M. PATIL, ADVOCATE FOR R5, R8 TO R11, R13 AND R14) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENT NO.3 TO CONSIDER THE REPRESENTATION VIDE ANNEXURE-H DATED 26.11.2024 AND ANNEXURE-J DATED 02.12.2024 TO CALL FOR GENERAL BODY MEETING AND ETC. THIS WRIT PETITION COMING ON FOR HEARING- INTERLOCUTORY APPLICATION THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - HC-KAR NC: 2025:KHC-D:12087 WP No. 107881 of 2024 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioners are before this Court seeking for the following reliefs: a. Issue writ in the nature of mandamus directing the respondent No. 3 to consider the representation Vide Annexure-H dated:26-11-2024 and Annexure-J dated: 02-12-2024 to call for general body meeting. b. Issue writ in the nature of mandamus directing the respondent No.3 to consider the representation vide annexure-D dated: 15-12-2023 and further direct the respondent No. 3 to adopt the Model Bye - law, in the interest of justice and equity. c. Issue writ in the nature of mandamus directing the respondent No.3 to consider the representation dated: 28-11-2024 produced as consider the per Annexure-H and call General Body meeting soon. d. Issue writ in the nature of Mandamus directing the respondent No.2 to take action against the respondent No. 3 and 4 to 14 for not adopting the model bye law framed by the respondent No. 2 vide Annexure-A. e. Issue writ or any other direction as deemed fit by this Hon'ble Court, in the interest of justice and equity. 2. The short grievance of the petitioner is that the representation which has been submitted by the petitioner for calling for a general body meeting in pursuance of the representation dated 26.11.2024 has - 5 - HC-KAR NC: 2025:KHC-D:12087 WP No. 107881 of 2024 not been considered, and the meeting has not been called for. 3. Sri.Mahantesh R.Patil, learned counsel for the petitioner, would submit that there is a direction which is required to be issued for a General Body Meeting of respondent No.3 to be held under the aegis of respondent No.1. 4. Sri.Sangram S.Kulkarni, learned counsel for respondents No.3, 4, 6, 7 and 12 would submit that though a requisition from a group of 455 persons including the petitioner was received on 26.11.2024, there was one more representation which has been received by respondent No.3 on 3.12.2024, signed by 617 members, in pursuance of which a Committee meeting of the Managing Committee was held on 4.12.2024 and it was decided that there is no requirement for holding a General Body Meeting and on that basis, he submits that a General Body Meeting was not held. - 6 - HC-KAR NC: 2025:KHC-D:12087 WP No. 107881 of 2024 5. Insofar as adoption of the model bylaws, he submits that the model bylaws have already been adopted and as such, the representation dated 15.12.2023 in relation thereto having already been considered and accepted, no reliefs are required to be granted as per prayer (b). 6. Heard learned counsel for the parties. Perused papers. 7. Model byelaw (24), (25) and (26) are reproduced hereunder for easy reference: 24. SPECIAL GENERAL BODY MEETING:- i. The Executive Committee may, at any time and shall within 10 days on requisition given as per Bye Law convene Special General Body Meeting of the Ordinary / Life Members of the Association, and, in case of emergency, the President or the Secretary may also convene such Special General Body Meeting. ii. A Special General Body Meeting of the Ordinary / Life Members of the Association shall be convened by the President / Secretary on the requisition Members. Life of 1/5th Ordinary/ Life Members. iii. In respect of Bar Association having Membership of more than 1000 оr more the Special General Body Meeting can be called on a requisition of 200 or more Members. iv. If the Executive Committee fails to convene the Special General Body Meeting within the time specified - 7 - HC-KAR NC: 2025:KHC-D:12087 WP No. 107881 of 2024 under this Bye Law on the requisition, the Seniors Committee shall convene the Special General Body Meeting within a week to be presided over by the Members of the Senior Committee as may be decided. 25. NOTICE OF MEETINGS:- Notice of 7 clear days sshall be given for holding Special General Body. In case of emergency relating to subject which cannot be postponed for 7 days, a special General Body Meeting may be called, in like manner but at such shorter notice as may be considered sufficient by the President / Secretary, which will not be in any case less than 24 hours. 26. Notice of a meeting shall be given by fixing the notice along with the agenda on the notice boards of the Association. 8. A perusal of the model bylaws which has now admittedly been adopted by respondent No.3 would indicate that byelaw (24) relates to Special General Body Meeting. 9. A perusal of clause (iii) of byelaw (24) indicates that for a Bar Association having a membership of more than 1000, a Special General Body Meeting can be called on a requisition of 200 or more members. In the present case, the requisition submitted on 26.11.2024 is by 455 advocates, who are members of respondent No.3 -Bar Association, thereby satisfying the threshold criteria under the above provision. - 8 - HC-KAR NC: 2025:KHC-D:12087 WP No. 107881 of 2024 10. It was, therefore, but required that within 7 (seven) days of the requisition being given, the Special General Body Meeting of the ordinary/life members of the Association was required to be convened. 11. In terms of byelaw (25), notice of 7 (seven) clear days is required to be given for holding a Special General Body Meeting, however in case of emergency relating to a subject which cannot be postponed for seven days, a Special General Body Meeting may be called in like manner, but at such a shorter notice as may be considered sufficient by the President/secretary which shall not be in any case less than 24 hours. 12. In the present case, respondent No.3- Bar Association is scheduled to celebrate its 150 years of existence in the month of October, 2025 which as tentatively been fixed on 4.10.2025, hence in my considered opinion, the same would constitute an emergency requiring the meeting to be held at a shorter notice, which in my - 9 - HC-KAR NC: 2025:KHC-D:12087 WP No. 107881 of 2024 opinion could be as less as three days from the date of notice being issued. Hence, respondent No.3- Association is permitted to issue a three days shorter notice for holding the Special General Body Meeting. 13. In terms of byelaw (26), notice of a meeting shall be given by affixing the notice along with the agenda on the notice board of the Association and WhatsApp group of the Association. Hence, respondent No.3- Association is permitted to affix the notice along with the agenda on notice boards of the Association, as also circulate the same on the WhatsApp group of the Association which shall constitute due notice to all the members of respondent No.3-Association. 14. In view of the above, I pass the following: ORDER i. The writ petition is partly allowed. ii. Respondent No.3 is directed to call for a General Body Meeting by giving a notice of not less than - 10 - HC-KAR NC: 2025:KHC-D:12087 WP No. 107881 of 2024 three days, which notice shall be affixed on the Notice Board of respondent No.3-Association and circulated on WhatsApp group of respondent No.3-Association. iii. The meeting shall be conducted under the supervision of Sri.Vinay Manglekar and Sri.K.B.Nayak, who are present members of The Karnataka Bar Council. iv. It is hoped and believed that all the advocates shall cooperate with each other to celebrate the milestone of 150 years of the existence of respondent No.3-Bar Association in a peaceful, cooperative, fraternising and joyous manner. Sd/- (SURAJ GOVINDARAJ) JUDGE LN List No.: 1 Sl No.: 135