SECRETARY ALIPORE BAR ASSOCIATION Vs. SUBIR SENGUPTA

JUDGEMENT

(1.) Mr. Majumdar, learned Counsel appearing for the proposed intervenors, has filed two interim applications vide CAN 5 and 6 of 2004 to allow intervention of the person who has filed nomination for the post of Secretary, Alipore Bar Association. Both these interim applications were filed on 8/4/2024. Pending disposal of the intervention applications, we allow Mr. Majumdar to advance his argument in favour of the proposed intervenor.

(2.) The sole question that falls for our determination in the present appeal is whether election to the Bar Association (Alipore Bar Association here), is amenable to the writ jurisdiction of this High Court under Article 226 of the Constitution of India.

(3.) It is submitted by Mr. Joydip Kar, learned senior Counsel appearing for the appellant that two writ petitions relating to the self-same subject pertaining to election to Alipore Bar Association have already been disposed of vide WPA 5250 of 2022 on 24/3/2022 concerning the election for the year 2021 and WPA 28560 of 2023 on 19/12/2023 concerning election for the year 2023. The present writ petition is concerned with election to the self-same Bar Association for the year 2024-25. It is further submitted by Mr. Joydip Kar, learned senior Counsel appearing for the appellant that the question of maintainability of the writ petition was raised before Hon'ble Single Judge but said contention has not been answered in the impugned judgment.