Hasmukhbhai Kantilal Bhatt vs Bar Council Of Gujarat
2025 Latest Caselaw 1725 Guj

Gujarat High Court

Hasmukhbhai Kantilal Bhatt vs Bar Council Of Gujarat on 9 January, 2025

Author: Sunita Agarwal

Bench: Sunita Agarwal

                                                                                                              NEUTRAL CITATION




                            C/LPA/1261/2023                                    ORDER DATED: 09/01/2025

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                                IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                                      R/LETTERS PATENT APPEAL NO. 1261 of 2023
                                    In R/SPECIAL CIVIL APPLICATION NO. 256 of 2023

                     ==================================================
                                         HASMUKHBHAI KANTILAL BHATT
                                                      Versus
                                         BAR COUNCIL OF GUJARAT & ORS.
                     ==================================================
                     Appearance:
                     MS. DHWANI LAKHANI, ADVOCATE FOR ORTIS LAW OFFICES(12342) for the
                     Appellant(s) No. 1
                     MR MJ MEHTA(5797) for the Respondent(s) No. 1
                     MR. NANDISH H. SHAH, ADVOCATE FOR MR SAURABH J MEHTA(2170),
                     ADVOCATE AND MS. MITHIL J. MEHTA, ADVOCATE for the Respondent(s) No. 1
                     MR SHEGUN B CHOKSHI(12790) for the Respondent(s) No. 3
                     MR. SHEGUN CHOKSHI, ADVOCATE FOR MR SP MAJMUDAR(3456) for the
                     Respondent(s) No. 3
                     NOTICE SERVED for the Respondent(s) No. 2
                     ==================================================

                        CORAM:HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE
                              SUNITA AGARWAL
                              and
                              HONOURABLE MR. JUSTICE PRANAV TRIVEDI

                                                           Date : 09/01/2025
                                                            ORAL ORDER

(PER : HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL)

[1] The present Letters Patent Appeal has been filed challenging

the judgment and order dated 15.06.2023 passed by the learned

Single Judge in dismissing the writ petition as not maintainable,

wherein the challenge was to the election held on 16.12.2022 of the

Baroda Bar Association for various posts. The learned Single Judge

has dismissed the writ petition holding that the Baroda Bar

Association is an unregistered association and hence, no writ under

226 would lie against such an association.

                                                                                                            NEUTRAL CITATION




                            C/LPA/1261/2023                                 ORDER DATED: 09/01/2025

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                     [2]      The prayer made in the appeal is to set aside the judgment and

order dated 15.06.2023 passed by the learned Single Judge and

declared the election of the Baroda Bar Association for the 2022-

2023 held on 16.12.2022 as illegal. The further prayer is that by

declaring the result of the Baroda Bar Association as illegal, fresh

elections be directed to be conducted for the year 2023-2024. We

may note that all the prayers made in the instant appeal and the writ

petition have been rendered infructuous for the reason that the fresh

elections for the year 2023-2024 and 2024-2025 were held and there

is no challenge to the last election held on 20.12.2024.

[3] Noticing the above, we dismiss the appeal as infructuous,

leaving open all questions pertaining to the maintainability of the

writ petition against such an establishment, namely Baroda Bar

Association. Appeal is, thus, rendered infructuous.

(SUNITA AGARWAL, C.J.)

(PRANAV TRIVEDI, J.) DHARMENDRA KUMAR