Bar Association Discharges Public Functions; Writ Petition Under Article 226 Maintainable Against It : Karnataka High Court

12 dec 2020

Bar Association Discharges Public Functions; Writ Petition Under Article 226 Maintainable Against It :  Karnataka High Court

The Karnataka High Court has held that a writ petition under Article 226 of the Constitution is maintainable against a Bar Association.
A division bench of Justice G Narendar and Justice M I Arun, while deciding an appeal filed by Chandrakant Majagi, Advocate and Vice President of Belagavi Bar Association, said "It is held that the writ petition against the 3rd respondent Bar Association, a Society registered under the Societies Registration Act, is maintainable."The petitioner had moved the court challenging the appointment of respondent 4, Dinesh M Patil, as President of the Bar Association. The single judge bench had on November 17, dismissed the petition filed by him on the short ground of maintainability, holding that Bar Association does not answer the definition of the term "State".
The bench relied on a plethora of judgments passed by the Supreme Court and other High courts and noted :

"The point of maintainability of the writ petition as against a Bar Association has been specifically contended and the Courts have consistently held that the Bar Association is amenable to the writ jurisdiction and that a writ under Article 226 of the Constitution of India is maintainable against the Bar Association, more so when the issue involved is the sanctity of the elections. We are in complete agreement with the views expressed by the various High Courts.