Case Note & Summary
The petitioner, as President of the Belagavi Bar Association, challenged a resolution passed in a Special General Body Meeting on 20 September 2025 that removed him through a no-confidence motion. The Association is registered under the Karnataka Societies Registration Act, 1960 and governed by its Bye-laws. The petitioner was elected President on 9 February 2024 for a two-year term. Disputes arose when a representation dated 26 November 2024 requested a general body meeting to discuss a no-confidence motion against the President, alleging that he had failed to act against illegally practicing advocates and had supported false complaints against a fellow advocate. The Managing Committee initially decided not to call such a meeting because the Bye-laws did not provide for a no-confidence motion. Subsequently, a member filed a writ petition (W.P.No.107881 of 2024) seeking a direction to consider the representation. A coordinate bench of the High Court on 15 September 2025 allowed the petition and directed holding of a General Body Meeting. Relying on this order, a Special General Body Meeting was convened on 20 September 2025 where the no-confidence motion was passed, resulting in the petitioner’s removal. The petitioner contended in the present writ petition that neither the Act nor the Bye-laws permit a no-confidence motion and that the earlier court order only required consideration of the representation, not such a motion. He also alleged fraud, claiming that while 510 members attended as per the attendance sheet, 620 votes were polled. The respondents argued that the coordinate bench order had become final and the petitioner, being a party, was bound by it. The matter was heard and reserved on 4 December 2025. The judgment remains unreported in the provided excerpt.
Headnote
A) Bar Association - No Confidence Motion - Karnataka Societies Registration Act, 1960 - Whether a Special General Body Meeting can consider a no-confidence motion against an elected President when the Act and Bye-laws are silent. Petitioner contended that such motion is ultra vires the Bye-laws and that the earlier coordinate bench order only directed consideration of a representation, not a no-confidence proceeding. Respondents argued the order had attained finality and the motion was validly passed. (Paras 4-5).
Issue of Consideration
Whether the Special General Body Meeting resolution removing the President of the Belagavi Bar Association on a no-confidence motion is valid when neither the Karnataka Societies Registration Act, 1960 nor the Bye-laws of the Association provide for such a motion, and whether the earlier court order only directed consideration of the representation rather than a no-confidence proceeding.
Law Points
- If there is no provision for no-confidence motion in the Bye-laws
- such a motion is contrary to law
- Directions in earlier writ petition only required consideration of representation
- not necessarily holding of no-confidence proceedings
