Recently, observing that there is neither any control nor any interference of the Government in the functions of the bar association, the Bombay High Court clarified that characterising the Bar Association as a “State” within the meaning of Article 12 of the Constitution would lead to a chaotic situation.
The Bombay High Court therefore ruled that no writ petition under Article 226 of the Constitution would be maintainable with respect to the dispute between an advocate and the Bar Association, as such a dispute would also involve disputed questions of fact, which in any event cannot be gone into in any adjudication under Article 226.
Facts of the case:
The dispute revolves around the notice issued by the Kolhapur District Bar Association, whereby the members are informed that they would be considered eligible to participate in the proposed elections only after the dues payable by them are cleared on or before April 01, 2025. Challenging the said notice, the petitioner’s advocate had approached the High Court of Bombay.
Submissions of the Petitioner:
The counsel for the petitioner submitted that since Respondent no. 1 i.e., Bar Council of Maharashtra and Goa, exercises control over Respondent no. 2 i.e., Kolhapur District Bar Association, and that the functions, objects and goals of Kolhapur District Bar Association are aligned with the functions of Bar Council of Maharashtra and Goa. Hence, the counsel submitted that Kolhapur District Bar Association would be an instrumentality of a “State” within the meaning of Article 12 of the Constitution of India, and it would be amenable to the writ jurisdiction of this Court.
Observations of the Court:
The Division Bench of Justice G. S. Kulkarni and Justice Advait M. Sethna finds it difficult to draw any parity in regard to the statutory duties and obligations as conferred by law on the Bar Council, which is constituted under a statute, with that of a bar association, which is an association of persons.
The Court referred to the decision in the case of Rajghor Ranjhan Jayantilal vs. Election scrutiny committee of B.B.A & Anr. (2024), wherein it was observed that “a bar association being an association of persons having its by-laws and rules, does not receive any aid/financial assistance from the government exchequer, nor would the government have any control or stake either in the establishment or in the management of the Bar Association”.
Thus, the Court reiterated that in the absence of there being any deep or pervasive State control in the management of the affairs, the Bar Association cannot be held to be a State within the meaning of Article 12 of the Constitution of India.
Pointing out that an aggrieved shall approach the appropriate Civil Court by filing a civil suit for redressal of its grievances challenging actions inter se between the members and the Bar Association, the Court observed that a writ petition under Article 226 of the Constitution of India for any relief on a dispute between the member and the bar association is not maintainable.
The Court also explained that any decision of the bar association, with which some of its members may feel aggrieved, if brought within the purview of Article 226 of the Constitution of India, it would not be a situation, conducive to the harmonious working of the bar associations and/or the intention with which any bar association is established and supposed to function, causing impediments, and a peril in the smooth functioning of the bar associations.
The decision of the Court:
While concluding that a relief in a writ petition under Article 226 of the Constitution cannot be granted against the bar association, simply because the advocates are governed by the Advocates Act, the High Court dismissed the petition.
Case Title: Abhijeet Appasaheb Bacche-Patil and Ors. vs. The Bar Council of Maharashtra and Goa and Anr.
Case Number: Writ Petition No. 5368 of 2025
Coram: Hon’ble Justice G. S. Kulkarni and Hon’ble Justice Advait M. Sethna
Counsel for Petitioner: Advs Abhishek Nandimath, Shardul Diwan and Advait Vajaratkar
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