The court held that the extraordinary jurisdiction of the High Court under Article 226 is not maintainable when a specific alternative remedy for resolving election disputes is provided within the Bye-laws of the association.

{Cause title, as taken from CIS)

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Order on Board

1. Heard.

2. Since the issue involved in both the petitions filed under Article 226 of the Constitution of India is one and the same, therefore, both the writ petitions heard together and are being disposed of by this common order.

3. At the outset, learned counsel appearing for the respondent No. 4 - Bar Association, Raipur would submit that both the petitions have been filed by the petitioners challenging on-going election process of Bar Association, Raipur for the year 2026-2028 raising various grounds. He further submits that Clause 25 (7) of Bye-laws of the Bar Association, Raipur provides provision, that if any dispute arises during the election process, then it shall be resolved by the State Bar Council, the same shall be final and acceptable and the issue shall be heard by the Appeal Committee. He further submits that regulation / notification of election of Bar Association, Raipur has been published on 24.03.2026, thus, election process has been started. But, the petitioners have directly filed instant petitions without availing aforesaid remedy, as such, both the petitions are not maintainable on account of availability of alternative remedy.

4. In reply, learned counsel appearing for the petitioners in both the petitions would submit that, both the petitions have been filed by the petitioners, who are practicing Advocates at District & Sessions Court, Raipur, challenging the election process of Bar Association, Raipur for the year 2026-28. The petitioners have raised various grounds in these petitions, including challenge to the reservation made for male advocates for various posts.

5. When specific question was posed to counsel for the petitioners, as to whether dispute raised in instant petitions pertaining to election of Bar Association, Raipur has been raised before State Bar Council, Chhattisgarh, Ms. Hamida Siddiqui, Advocate for the petitioner in WPC No. 1521 of 2026 would submit that the petitioner in this petition has not raised instant dispute and has not filed any representation challenging the subject election, before State Bar Council. However, learned counsel for the petitioner in WPC No. 1711 of 2026 would submit that the petitioner in this petition has filed an application / representation dated 28.03.2026 (Annexure P-10) before State Bar Council, challenging the on-going election process on various counts.

6. Learned counsel appearing for the petitioner in WPC No. 1521 of 2026 would further submit that after filing instant writ petition, President of on going Bar Association, Raipur has issued fresh notification dated 10.04.2026, whereas, he has no authority to issue such notification.

7. Considered contentions raised by learned counsel for the parties and perused the material available on record.

8. The petitioner of WPC No. 1521 of 2026 has filed copy of the Bye-laws of Bar Association, Raipur. Clause 25 (7) of the Bye-laws of Bar Association Raipur contemplates the provision that if any dispute arises during the election process, it shall be resolved by the State Bar Council, which reads as under :-

“25 (7) pquko ds nkSjku dksbZ Hkh fookn gksus ij mldk fujkdj.k jkT; vf/koDrk ifj"kn }kjk fd;k tk,xk A ifj"kn dk fu.kZ; vafre vkSj ekU; gksxk rFkk ifj"kn dh vihy lfefr ds le{k bldh lquokbZ gksxh A”

9. A bare perusal of aforesaid clause specifically provides that during course of election of Bar Association, if any, dispute arises, the same shall be decided by the State Bar Council, which shall be final and acceptable to all. But, in WPC No. 1521 of 2026, as contended by learned counsel, no such dispute has been raised by filing application / representation by the petitioner before State Bar Council in respect of on-going election pr