The main legal point established in the judgment is the interpretation and application of Bye-Laws 23, 27(d), and 29(c) of the Advocates' Association, Bengaluru Bye-Laws, which govern the election process.

JUDGMENT

1. In this batch of writ petitions, this Court is called upon to resolve the internal dispute of an Association of Noble Profession of Advocates i.e., the Bengaluru Advocates Association [for short "the Association"]. The Association, which is one of the premiere institution, should have elected the office bearer viz. the Vice- President and Joint Secretary unanimously instead going through the process of election. This would have upheld the dignity of the noble profession of advocacy. It is expected from the elected members of the Association to unite and work together, keeping aside their differences for the welfare and development of the Association. Unfortunately the governing council members and office bearer of the Association are in litigation in these petitions.

2. In W.P.No.4078/2022, Sri.T.G.Ravi, General Secretary of the Association is the petitioner and has prayed for quashing the order passed by the first respondent dtd. 7/2/2022 [Annexure-K] wherein the fourth respondent passed interim order staying the proceedings of the General Secretary dtd. 5/2/2022 and to give effect to the resolution of the General Secretary.

3. In W.P.No.3601/2022, petitioners are the Governing Council Members of the Magistrate Court Unit of the Association and they have also prayed for quashing of the interim order dtd. 7/2/2022 passed by the first respondent.

4. In W.P.No.3619/2022, petitioners are Governing Council Members of the City Civil Court Unit of the Association and they have prayed similar prayers as sought by the petitioner in W.P.No.4078/2022.

5. Since these writ petitions involve the same facts and prayers sought by the petitioners are identical, all these three petitions are clubbed together, heard and disposed of by this common order.

6. Heard the learned senior counsel Sri.D.R.Ravishankar and learned senior counsel Sri.A.S.Ponnanna along with learned counsel Sri.Saravana.S and learned counsel Sri.C.V.Rajashekar for the petitioners; and learned senior counsel Sri.R.S.Ravi for learned counsel Sri.H.H.Mahalingaiah, and learned senior counsel Sri.Suresh S. Lokre for private respondents and Party-in-person Sri.S.Vivek Subba Reddy, Sri.R.Subramanya learned Additional Advocate General along with Smt.Rashmi Patel, learned High Court Government Pleader for respondent No.1 and 7.

7. The Association consists of four Units i.e., High Court, City Civil Court, Magistrate Court and Mayo Hall Unit. Electorate to each of the Units is separate and they would elect the Councilors to each of the Units. The President, General Secretary and Treasurer are elected by the Electorate from all the Units. The post of Vice- president and Joint Secretary is to be elected by the elected Governing Council Members among themselves for each unit.

8. After COVID-19 pandemic, elections to the office of the President, General Secretary, Treasurer of the Association and Governing Council Members of each unit was held on 19/12/2021 and on the same day, results were declared. In this batch of writ petitions, this Court is concerned with the elections to the post of Vice- president and Joint Secretary to the Magistrate Unit and City Civil Court Unit. The Magistrate Unit consists of five Governing Council Members, whereas the City Civil Court Unit consists of twelve Governing Council Members. The Association is governed by "The Advocates' Association, Bengaluru Bye-Laws" [for short "Bye-Laws"]. Bye-Law 23 provides election of other Office bearer.

9. Learned senior counsel Sri.D.R.Ravishankar submitted that under Bye-Law 23, the General Secretary shall be the Returning Officer for election to the post of Office bearer. The petitioner-General Secretary issued meeting notice dtd. 3/1/2022 fixing the date of meeting as on 10/1/2022 to elect office bearer i.e., Vice-president and Joint Secretary to all the four Units, but the said meeting insofar as Magistrate and City Civil Court units was adjourned at the instance of the President. Some of the Governing Coun