1 2026:CGHC:16962 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1521 of 2026 Shamim Rahman D/o S.A. Rahman Aged About 50 Years R/o Byran Bazar, 8/289 Raipur, Chhattisgarh. ... Petitioner versus 1 - State Of Chhattisgarh Through Secretary Law And Legislation Affair, Mantralaya, Naya Raipur, Distt. Raipur, Chhattisgarh. 2 - Chhattisgarh Bar Council Through Secretary, High Court Premises, Bilaspur, Distt. Bilaspur, Chhattisgarh. 3 - Chhattisgarh Bar Council Through Chairman, Special Committee, High Court Premises, Bilaspur, Distt. Bilaspur, Chhattisgarh. 4 - Bar Association Raipur Through Administrator Raipur, Distt. Raipur, Chhattisgarh. 5 - Chief Electoral Officer Bar Association Raipur, Distt. Raipur, Chhattisgarh. 6 - Appeal Committee Raipur Bar Association, Court Premises, Raipur, Distt. Raipur, Chhattisgarh. 7 - Bar Council Of India Through Its Secretary, 21, Rouse Avenue Institutional Area, New Delhi 11002. ... Respondents WPC No. 1711 of 2026 Ashwini Kumar Rao S/o Narayan Rao, Aged About 51 Years R/o House No. 40/30,udaya Society, Tatibandh, Raipur (C.G.) ... Petitioner versus 1 - State Of Chhattisgarh Through Chief Secretary, Mantralaya, Naya Raipur, District- Raipur (C.G.) 2 2 - Secretary, Law And Legislative Affairs, Mantralaya, Naya Raipur, District Raipur (C.G.) 3 - Bar Council Of Chhattisgarh Through Its Member Secretary, High Court Premises, Bilaspur, District Bilaspur (C.G.) 4 - Bar Association Raipur, Through Secretary, District Court Premises, Raipur, District Raipur (C.G.) 5 - Appeal Committee, Bar Association Raipur, District Court Premises, Raipur, District Raipur (C.G.) 6 - Chief Election Officer, Bar Association Raipur, district Court Premises, Raipur, District Raipur (C.G.) 7 - Bar Council Of India, Through Its Secretary, 21 Rouse Avenue Institutional Area, New Delhi-11002 ... Respondents {Cause title, as taken from CIS) --------------------------------------------------------------------------------------------------------------- For Petitioner : Mrs. Hamida Siddiqui, Adv. in WPC No. 1521 of 2026 For Petitioner : Mr. Lavkush Kumar Sahu, Mr. Brajesh Singh & Mr. Sudeev Mallick, Adv. in WPC No. 1711 of 2026. For Resp. /State : Mr. Shobhit Mishra, Dy. Govt. Advocate & Mr. Shreyansh Mehta, Panel Lawyer For Respondent No. 4 : Mr. Y.C. Sharma, Senior Advocate assisted by Mr. Sameer Rigri, Advocate in both the cases. For Respondent/ Chief Election Officer : Mr. Pawan Kesharwani, Advocate. For Respondent No. 7 : Mr. Rohan Sharma, Adv. on behalf of Mr. Shivang Dubey, Adv. For Intervenor : Mr. Sunil Verma, Advocate. -------------------------------------------------------------------------------------------------------------- {Hon’ble Mr. Justice Naresh Kumar Chandravanshi) Order on Board 13/04/2026 1. Heard. 2. Since the issue involved in both the petitions filed under Article 226 of the Constitution of India is one and the same, therefore, both the writ petitions heard together and are being disposed of by this common order. 3 3. At the outset, learned counsel appearing for the respondent No. 4 - Bar Association, Raipur would submit that both the petitions have been filed by the petitioners challenging on-going election process of Bar Association, Raipur for the year 2026-2028 raising various grounds. He further submits that Clause 25 (7) of Bye-laws of the Bar Association, Raipur provides provision, that if any dispute arises during the election process, then it shall be resolved by the State Bar Council, the same shall be final and acceptable and the issue shall be heard by the Appeal Committee. He further submits that regulation / notification of election of Bar Association, Raipur has been published on 24.03.2026, thus, election process has been started. But, the petitioners have directly filed instant petitions without availing aforesaid remedy, as such, both the petitions are not maintainable on account of availability of alternative remedy. 4. In reply, learned counsel appearing for the petitioners in both the petitions would submit that, both the petitions have been filed by the petitioners, who are practicing Advocates at District & Sessions Court, Raipur, challenging the election process of Bar Association, Raipur for the year 2026-28. The petitioners have raised various grounds in these petitions, including challenge to the reservation made for male advocates for various posts. 5. When specific question was posed to counsel for the petitioners, as to whether dispute raised in instant petitions pertaining to election of Bar Association, Raipur has been raised before State Bar Council, Chhattisgarh, Ms. Hamida Siddiqui, Advocate for the petitioner in WPC No. 1521 of 2026 would submit that the petitioner in this petition has not raised instant dispute and has not filed any representation challenging the subject election, before State Bar Council. However, learned counsel for the petitioner in WPC No. 1711 of 2026 would submit that the petitioner in this petition has filed an application / representation dated 28.03.2026 (Annexure P-10) before State Bar Council, challenging the on-going election process on various counts. 4 6. Learned counsel appearing for the petitioner in WPC No. 1521 of 2026 would further submit that after filing instant writ petition, President of on going Bar Association, Raipur has issued fresh notification dated 10.04.2026, whereas, he has no authority to issue such notification. 7. Considered contentions raised by learned counsel for the parties and perused the material available on record. 8. The petitioner of WPC No. 1521 of 2026 has filed copy of the Bye-laws of Bar Association, Raipur. Clause 25 (7) of the Bye-laws of Bar Association Raipur contemplates the provision that if any dispute arises during the election process, it shall be resolved by the State Bar Council, which reads as under :- “25 (7) pquko ds nkSjku dksbZ Hkh fookn gksus ij mldk fujkdj.k jkT; vf/koDrk ifj"kn }kjk fd;k tk,xk A ifj"kn dk fu.kZ; vafre vkSj ekU; gksxk rFkk ifj"kn dh vihy lfefr ds le{k bldh lquokbZ gksxh A” 9. A bare perusal of aforesaid clause specifically provides that during course of election of Bar Association, if any, dispute arises, the same shall be decided by the State Bar Council, which shall be final and acceptable to all. But, in WPC No. 1521 of 2026, as contended by learned counsel, no such dispute has been raised by filing application / representation by the petitioner before State Bar Council in respect of on-going election process. However, in WPC No. 1711 of 2026, application / representation has been filed by the petitioner before State Bar Council on 28.03.2026 vide Annexure P-10 challenging the on-going election process. 10. In view of the provision contained in Clause 25 (7) of the Bye-laws of Bar Association, Raipur i.e. availability of alternative remedy, this Court is not inclined to entertain these petitions invoking extraordinary jurisdiction of this Court. Hence, at this stage, both the petitions stand disposed of by granting liberty to the petitioner in WPC No. 1521 of 2026, to file fresh representation raising all the grounds / dispute challenging the on-going election process including notification dated 10.04.2026 issued by the President, Bar Association, Raipur before State Bar Council, within a 5 period of seven working days from today. It is pertinent to note that such application /representation has already been filed by the petitioner in WPC No. 1711/2026. 11. It is observed that Sate Bar Council of Chhattisgarh, Bilaspur shall decide the application / representation filed by the petitioners as per the provisions contained in the Bye-laws of State Bar Council / law and judgments rendered by the Apex Court. 12. It is made clear that interim order passed by this Court on 08.04.2026 in WPC No. 1521 of 2026 shall remain in operation till further period of 15 days. In between, petitioner (s) may file stay application seeking such relief alongwith representation before the State Bar Council, Chhattisgarh. 13. With aforesaid observations & directions, both the writ petitions stand disposed of. 14. Pending interlocutory application (s), if any, also stand disposed of Sd/- (Naresh Kumar Chandravanshi) Judge AMIT KUMAR DUBEY Digitally signed by AMIT KUMAR DUBEY Date: 2026.04.15 13:49:49 +0530