Case Note & Summary
The petitioners, members of the fourth respondent Bar Association, Hubballi, filed writ petitions seeking a writ of certiorari to quash the Calendar of Events dated 21.02.2018 issued by the Returning Officer (third respondent) for elections to the Governing Council of the Bar Association. They also sought a direction to the respondents to conduct elections as per the approved bye-laws dated 11.01.2007 (Annexure-A). The court examined the Calendar of Events (Annexure-F) and found it to be contrary to the approved bye-laws. Without elaborating on the specific deviations, the court held that the Calendar of Events was illegal and liable to be quashed. Consequently, the court allowed the writ petitions, quashed the impugned Calendar of Events, and directed the respondents to conduct elections strictly in accordance with the approved bye-laws dated 11.01.2007. The court also directed the respondents to complete the election process within three months from the date of the order.
Headnote
A) Bar Association Elections - Validity of Calendar of Events - Bye-Laws - The petitioners challenged the Calendar of Events dated 21.02.2018 issued by the Returning Officer for elections to the Governing Council of the Bar Association, Hubballi, as being contrary to the approved bye-laws dated 11.01.2007. The Court held that the Calendar of Events was illegal and quashed it, directing that elections be conducted as per the approved bye-laws. (Paras 1-3)
Issue of Consideration
Whether the Calendar of Events issued by the Returning Officer for elections to the Governing Council of the Bar Association is illegal and contrary to the approved bye-laws dated 11.01.2007
Final Decision
The writ petitions are allowed. The impugned Calendar of Events dated 21.02.2018 (Annexure-F) is quashed. The respondents are directed to conduct elections to the Governing Council of the fourth respondent Bar Association strictly in accordance with the approved bye-laws dated 11.01.2007 (Annexure-A). The election process shall be completed within three months from the date of receipt of a copy of this order.
Law Points
- Elections to Bar Association must be conducted strictly in accordance with approved bye-laws
- Calendar of Events contrary to bye-laws is illegal and liable to be quashed
