The court affirmed the right of Bar Association members to requisition a General Body Meeting, establishing the necessity for compliance with model bylaws regarding such gatherings.

ORDER :

SURAJ GOVINDARAJ, J.

1. The petitioners are before this Court seeking for the following reliefs:

a. Issue writ in the nature of mandamus directing the respondent No. 3 to consider the representation Vide Annexure-H dated:26-11-2024 and Annexure-J dated: 02-12-2024 to call for general body meeting.

b. Issue writ in the nature of mandamus directing the respondent No.3 to consider the representation vide annexure-D dated: 15-12-2023 and further direct the respondent No. 3 to adopt the Model Bye - law, in the interest of justice and equity.

c. Issue writ in the nature of mandamus directing the respondent No.3 to consider the representation dated: 28-11-2024 produced as consider the per Annexure-H and call General Body meeting soon.

d. Issue writ in the nature of Mandamus directing the respondent No.2 to take action against the respondent No. 3 and 4 to 14 for not adopting the model bye law framed by the respondent No. 2 vide Annexure-A.

e. Issue writ or any other direction as deemed fit by this Hon'ble Court, in the interest of justice and equity.

2. The short grievance of the petitioner is that the representation which has been submitted by the petitioner for calling for a general body meeting in pursuance of the representation dated 26.11.2024 has not been considered, and the meeting has not been called for.

3. Sri.Mahantesh R.Patil, learned counsel for the petitioner, would submit that there is a direction which is required to be issued for a General Body Meeting of respondent No.3 to be held under the aegis of respondent No.1.

4. Sri.Sangram S.Kulkarni, learned counsel for respondents No.3, 4, 6, 7 and 12 would submit that though a requisition from a group of 455 persons including the petitioner was received on 26.11.2024, there was one more representation which has been received by respondent No.3 on 3.12.2024, signed by 617 members, in pursuance of which a Committee meeting of the Managing Committee was held on 4.12.2024 and it was decided that there is no requirement for holding a General Body Meeting and on that basis, he submits that a General Body Meeting was not held.

5. Insofar as adoption of the model bylaws, he submits that the model bylaws have already been adopted and as such, the representation dated 15.12.2023 in relation thereto having already been considered and accepted, no reliefs are required to be granted as per prayer (b).

6. Heard learned counsel for the parties. Perused papers.

7. Model byelaw (24), (25) and (26) are reproduced hereunder for easy reference:

24. SPECIAL GENERAL BODY MEETING:-

i. The Executive Committee may, at any time and shall within 10 days on requisition given as per Bye Law convene Special General Body Meeting of the Ordinary/Life Members of the Association, and, in case of emergency, the President or the Secretary may also convene such Special General Body Meeting.

ii. A Special General Body Meeting of the Ordinary/Life Members of the Association shall be convened by the President/Secretary on the requisition Members.

Life of 1/5th Ordinary/Life Members.

iii. In respect of Bar Association having Membership of more than 1000 оr more the Special General Body Meeting can be called on a requisition of 200 or more Members.

iv. If the Executive Committee fails to convene the Special General Body Meeting within the time specified under this Bye Law on the requisition, the Seniors Committee shall convene the Special General Body Meeting within a week to be presided over by the Members of the Senior Committee as may be decided.

25. NOTICE OF MEETINGS:- Notice of 7 clear days sshall be given for holding Special General Body. In case of emergency relating to subject which cannot be postponed for 7 days, a special General Body Meeting may be called, in like manner but at such shorter notice as may be considered sufficient by the President/Secretary, which will not be in any case less than 24 hours.

26. Notice of a meeting shall be given by fixing the notice along with the agenda on the notice boards of the