Case Note & Summary
The petitioner, K.N. Subbareddy, an advocate aged 73, filed a writ petition under Articles 226 and 227 of the Constitution of India seeking to pre-pone the election to the Advocates Association, Bangalore, to February 2009. The respondents were the Advocates Association, the District Registrar of Societies Registration, and the Karnataka State Bar Council. During the consideration of the petition, the court had passed an order on 24.04.2009 laying down detailed guidelines for the conduct of elections to the respondent Association. The court noted that those guidelines were to be meticulously adhered to and that subsequent elections had already been held in the same manner. Consequently, the court found that the prayer made in the petition was regulated by the same guidelines and there was no need to consider the petition any further. The petition was disposed of in terms of the said order.
Headnote
A) Advocates Association - Election Preponement - Guidelines - The petitioner sought preponement of elections to the Advocates Association, Bangalore. The court had earlier passed an order dated 24.04.2009 laying down guidelines for conducting elections. Since subsequent elections had been held in accordance with those guidelines, the court held that no further consideration was required and disposed of the petition. (Paras 1-3)
Issue of Consideration
Whether the election to the Advocates Association should be preponed to February 2009
Final Decision
Writ petition disposed of in terms of the order dated 24.04.2009; no further consideration needed as subsequent elections had been held in accordance with the guidelines laid down in that order.
Law Points
- Elections to advocates associations must be conducted in accordance with guidelines laid down by the court
- subsequent elections regulated by same guidelines
- no need to consider petition after elections held
Case Details
2017 LawText (KAR) (09) 6
Writ Petition No.1952/2009 (GM-KSR)
Sri A.R. Lokesh (for petitioner), Sri H.P. Leeladhar (for respondents)
Advocates Association, Bangalore; District Registrar of Societies Registration; Karnataka State Bar Council
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Nature of Litigation
Writ petition seeking preponement of election to Advocates Association
Remedy Sought
Pre-pone the election to the Advocates Association during the month of February 2009
Filing Reason
Petitioner wanted the election to be held earlier than scheduled
Previous Decisions
Court had passed an order dated 24.04.2009 laying down guidelines for conducting elections to the respondent Association
Issues
Whether the election to the Advocates Association should be preponed to February 2009
Submissions/Arguments
Petitioner sought preponement of election; respondents opposed or remained silent
Ratio Decidendi
Once the court has laid down guidelines for conducting elections to an advocates association and subsequent elections have been held in accordance with those guidelines, there is no need to further consider a petition seeking preponement of elections.
Judgment Excerpts
This Court in the process of consideration of this petition through the order dated 24.04.2009 has adverted to all aspects of the matter which relates to the prayer made in this petition and has laid down the guidelines in the manner the elections are to be conducted to the respondent – Association.
Since the said guidelines are to be meticulously adhered to and the elections are to be held in the same manner and also considering the fact that the subsequent elections have been held, the prayer made in this petition is also regulated by the same.
Hence, there is no need to consider this petition any further at this juncture.
Procedural History
Petition filed in 2009; court passed order on 24.04.2009 laying down election guidelines; subsequent elections held; petition disposed on 01.09.2017.
Acts & Sections
- Constitution of India: Articles 226, 227
