CHANDRAKANT TAMMANNA MAJAGI Vs. KARNATAKA STATE BAR COUNCIL

JUDGEMENT

(1.) The petitioner has filed this writ petition challenging the resolution dated 03.10.2020 passed by the Management Committee appointing respondent No.4 as President of the Belagavi Bar Association, Belagavi.

(2.) The brief facts of the case are that, respondent No.3-Association is registered society under the Societies Registration Act on 12.02.2009 under Society Number: DRL/SOR/BGM/771/2008-09. The petitioner is an advocate and member of respondent No.3-Association. The petitioner was elected as Vice President of respondent No.3-Association for the year 2019-2021 in the election held on 01.08.2019 and that Sri.A.G.Mulawadmath was elected as President by defeating respondent No.4.

(3.) Since Sri.A.G.Mulawadmath died on 09.08.2020, the Managing Committee called emergency meeting on 11.08.2020 and resolved to authorize the petitioner to operate the bank accounts and to do official work. The members of the Managing Committee made a request to respondent No.3-Association to convey a meeting for co- opt vacant post of President as per the bye-laws of the Association. A meeting was conveyed on 14.09.2020 to discuss on various subjects. One of the subject was to discuss for co-option to the vacant post of President. In the said meeting, the subject of co-option of the President was resolved to be discussed on the next meeting of the council. That on 29.09.2020, it was resolved by the committee members to take opinion from the senior members of the Association with regard to co-option of a member of the Association to the vacant post of the President as per the bye-laws. After receipt of the opinion from the senior members of the Association, General Secretary of respondent No.3-Association conveyed a meeting on 03.10.2020 for co-option to the post of President as per Clause 'c' of Rule 17 of the bye-laws of the Association. The Management Committee consists of 11 members excluding ex-officio members. In the said meeting, Vice President Sri. Gajanana Patil was elected as chair person by the majority of the votes as against the petitioner. There were differences of opinion amongst elected members with regard to the process of co-option for the post of President. It was resolved to cast their votes in favour of the co-option or otherwise. Six members of the Management Committee casted their votes in favour of co- option of a member from the Bar Association to be elected as a President and three Management Committee members including petitioner casted their votes as "No" for co- option.