KULKARNI G B Vs. KARNATAKA STATE BAR COUNCIL

JUDGEMENT

(1.) The Petitioners who happened to be the members of fourth Respondent - Bar Association, Hubballi have presented this Writ Petition for a Writ of Certiorari quashing the Calendar of Events dated 21.02.2018 issued by the Returning Officer at Annexure-F to the Writ Petition whereby the elections to the Governing Council of their Society / Bar Association has been scheduled.

(2.) The Petitioners have also sought for a Writ of Mandamus to the Respondent Nos.1 to 4 to conduct the elections to the Governing Council of their Society i.e. the fourth Respondent Bar Association in accordance with the approved bye-laws dated 11.01.2007 a copy of which is at Annexure-A to the Writ Petition.

(3.) The learned counsel for the Petitioners Sri Mrutyunjaya Tata Bangi submits that the fourth Respondent is an association registered under the provisions of Karnataka Societies Registration Act, 1960 and its affairs of management are governed by the bye-laws ; though it is a private society all its members being the Advocates discharge the functions involving public duty and therefore, it falls within the definition of State given under Article 12 of the Constitution of India and more particularly in the light of the decision of the Apex Court in R.D.Shetty, (1979) AIR SC 1628.