Case Note & Summary
The petitioner, Advocates' Association, Nelamangala, a registered society under the Karnataka Societies Registration Act, filed a writ petition under Articles 226 and 227 of the Constitution of India seeking to quash resolution BCM Res. No.52/10 dated 12-13/06/2010 passed by the Karnataka State Bar Council (first respondent) on 16.06.2010. The resolution recognized the Nelamangala Advocates Association (R) (second respondent) as the representative body of advocates at Nelamangala. The petitioner contended that it was the only registered association formed in 1987 after the establishment of the Munsiff Court at Nelamangala in 1981, and that the second respondent was an unregistered association. The petitioner argued that the Bar Council had no power to recognize an unregistered association over a registered one, and that the resolution was passed without giving the petitioner an opportunity of being heard, violating principles of natural justice. The respondents argued that the Bar Council had the power to recognize associations and that the resolution was valid. The court observed that the litigation was unfortunate, as advocates should act as social reformers rather than fighting for ego. The court held that the Bar Council cannot recognize an unregistered association when a registered association already exists, and that the resolution was arbitrary and illegal. The court quashed the impugned resolution and directed the Bar Council to reconsider the matter after hearing all parties.
Headnote
A) Administrative Law - Writ of Certiorari - Quashing of Resolution - Karnataka State Bar Council - Resolution recognizing unregistered association over registered one is arbitrary and illegal - Petitioner, a registered advocates association, challenged resolution BCM Res. No.52/10 dated 12-13/06/2010 recognizing respondent No.2, an unregistered association - Court held that the Bar Council cannot recognize an unregistered association when a registered association already exists, and the resolution was passed without hearing the petitioner - Held that the impugned resolution is quashed (Paras 1-10).
Issue of Consideration
Whether the Karnataka State Bar Council can recognize an unregistered advocates association over a registered one, and whether the impugned resolution is arbitrary and illegal.
Final Decision
The writ petition is allowed. The impugned resolution BCM Res. No.52/10 dated 12-13/06/2010 passed by the first respondent is quashed. The matter is remitted to the first respondent for fresh consideration after hearing all parties.
Law Points
- Writ of certiorari
- Recognition of advocates association
- Karnataka State Bar Council powers
- Registration under Societies Act
- Natural justice
