ADVOCATES ASSOCIATION BENGALURU (R) Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This intra court appeal takes an exception to order dated 20.09.2021 passed by learned Single Judge in a writ petition preferred by the appellant insofar as it pertains to directions contained in para 14 and para 17(H) of the said order. In order to appreciate the appellant's grievance, relevant facts need mention, which are stated infra.

(2.) The appellant is a Society registered under the provisions of the Societies Registration Act and is the biggest Association of the Advocates in South Eastern Asia having approximately 20,000 Advocates as its members. The governing council of the appellant inter alia consists of the President, the General Secretary and the Treasurer besides other elected members. The appellant is governed by the bye-laws of the Association, which are known as The Advocates Association Bengaluru Bye-Laws (hereinafter referred to as 'the Bye-Laws' for short). Clause 24 of the aforesaid Bye-laws provides that term of the governing council so elected at a general election shall cease by the end of three years from the date of election. The elections to the governing council and the office bearers of the Association was held on 23.01.2018. The term of the office bearers expired on 22.01.2021.

(3.) However, in view of Standard Operating Procedure (SOP) issued by this court, the Advocates were not permitted to appear in person. The Association, in its meeting held on 09.04.2021 decided to hold the elections on 05.09.2021. However, it is the case of the appellant that State Government by an order dated 19.06.2021 postponed the elections of registered Societies / Associations for next six months from 26.04.2021, therefore, the elections to the governing council of the Society could not be held.