[Cites 1, Cited by 0]
Karnataka High Court
Basavaraj Mathapati vs The Bar Council Of India on 10 March, 2026
Author: B.M.Shyam Prasad
Bench: B.M.Shyam Prasad, Shivashankar Amarannavar
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NC: 2026:KHC-D:3788-DB
WA No. 100129 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
DATED THIS THE 10TH DAY OF MARCH, 2026
PRESENT
THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD
AND
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
WRIT APPEAL NO. 100129 OF 2026 (GM-RES)
BETWEEN:
1. BASAVARAJ MATHAPATI
AGE: 32 YEARS, OCC: ADVOCATE,
R/O: SADHANAKERI, DHARWAD-08.
2. SANTOSH KANAL
AGE: 30 YEARS, OCC: ADVOCATE,
R/O: SRI SHIRADI SAI BABA COLONY,
SADHANAKERI, DHARWAD-08.
3. ABHINANDAN V. HIREMATH
AGE: 31 YEARS, OCC: ADVOCATE,
R/O: #12, GOPALKRISHNA BADAVANE,
VIDYAGIRI, NEAR Y.S COLONY, DHARWAD-04.
Digitally signed by
RAKESH S 4. RAHUL SHRIKANT BHUSHI
HARIHAR
Location: High
AGE: 28 YEARS, OCC: ADVOCATE,
Court of R/O: SADHANAKERI, DHARWAD-08.
Karnataka,
Dharwad Bench
5. RONALD JUVAV HARNODKAR
AGE: 28 YEARS, OCC: ADVOCATE,
R/O: #182, 5TH MAIN, 5TH CROSS,
C.B NAGAR, DHARWAD-07.
6. SHRUTI B. PATIL
AGE: 31 YEARS, OCC: ADVOCATE,
R/O: BAKSHI PLOT, MANTOOR ROAD,
MUDHOL-587313, TQ: MUDHOL,
DIST: BAGALKOT.
7. DIVYA P. ACHARI
AGE: 27 YEARS, OCC: ADVOCATE,
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NC: 2026:KHC-D:3788-DB
WA No. 100129 of 2026
HC-KAR
R/O: SADHANAKERI DHARWAD-08.
8. MANASI JIGAJINNI
AGE: 26 YEARS, OCC: ADVOCATE,
R/O: SANKALPA, LIG-89,
SAMPIGE NAGAR, DHARWAD-08.
9. KUSHAL N. KAMLE
AGE: 32 YEARS, OCC: ADVOCATE,
R/O: BHARATI NAGAR, DHARWAD-01.
10. VENKANAGOUDA S. PATIL
AGE: 30 YEARS, OCC: ADVOCATE,
R/O. TEACHERS COLONY,
MUDHOL-587313, TQ: MUDHOL,
DIST: BAGALKOT.
... APPELLANTS
(BY SRI. SADIQALI GOODWALA, ADVOCATE)
AND:
1. THE BAR COUNCIL OF INDIA
21, ROUSE AVENUE INSTITUTIONAL AREA,
NEAR BAL BHAWAN, NEW DELHI-110 002.
2. THE SECRETARY,
KARNATAKA STATE BAR COUNCIL,
OLD ELECTION COMMISSION BUILDING,
BENGALURU - 560001.
3. THE RETURNING OFFICER,
KARNATAKA STATE BAR COUNCIL,
OLD ELECTION COMMISSION BUILDING,
BENGALURU - 560001.
4. THE HIGH-POWERED ELECTION
SUPERVISORY COMMITTEE,
REPRESENTED BY ITS CHAIRPERSON,
HON'BLE MR. JUSTICE SUDHANSHU DHULIA,
FORMER JUDGE, SUPREME COURT OF INDIA,
AT: KARNATAKA STATE BAR COUNCIL,
OLD ELECTION COMMISSION BUILDING,
BENGALURU - 560001.
... RESPONDENTS
(BY SRI. RAJASHEKHAR BURJI, ADVOCATE FOR R1;
SMT. ARCHANA MAGADUM, ADVOCATE FOR R2)
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NC: 2026:KHC-D:3788-DB
WA No. 100129 of 2026
HC-KAR
THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH
COURT ACT, 1961, PRAYING THIS HON'BLE COURT TO SET ASIDE
THE ORDER DATED 09.03.2026 PASSED BY THE LEARNED SINGLE
JUDGE IN W.P.NO.102137/2026, INSOFAR AS IT FAILS TO
CONSIDER AND GRANT THE INTERIM PRAYER FOR VOTING,
THEREBY EFFECTIVELY DENYING THE APPELLANTS THEIR
STATUTORY RIGHTS; DIRECT THAT THE PROVISIONAL VOTES
CAST BY THE APPELLANTS BE KEPT IN A SEPARATE SEALED
COVER AND THE SAME SHALL NOT BE COUNTED OR DECLARED
UNTIL FURTHER ORDERS/FINAL ADJUDICATION OF THE WRIT
PETITION; AND ETC.
THIS WRIT APPEAL COMING ON FOR ORDERS THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD
AND
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
ORAL JUDGMENT
(PER: THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD)
The appellants have enrolled with the Karnataka State
Bar Council [KSBC], and they are issued with the Enrolment
Certificate/s and Identity Cards. They have invoked the writ
Court's jurisdiction under Article 226 of the Constitution of
India for directions to the Bar Council of India [BCI] and the
KSBC to consider the Representations filed by them to
include their names in the Final Electoral Roll for the
NC: 2026:KHC-D:3788-DB
HC-KAR
elections to the KSBC scheduled to be held on 11.03.2026.
The appellants have sought for interim directions which are
similar to the final prayer.
2. The writ Court, while examining the petitioners'
request for ex parte order, has called upon Mr. Rajashekar,
Burji and Ms. Archana Magadum, the learned Standing
Counsels for the BCI and KSBC respectively, to take Notice,
and the writ Court has issued emergent notice to the
Returning Officer, KSBC and High-Powered Election
Supervisory Committee. Mr. Goodwala Sadiqali Nazeer, the
learned counsel for the appellants, argues for an interim order
that would permit the appellants to cast their votes in the
election scheduled tomorrow i.e., 11.03.2026 contending,
amongst others, that the appellants' right to be included in
the Final Electoral Rolls cannot be disputed in the light of the
Certificates and Identity Cards issued to them by the KSBC
on due verification.
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HC-KAR
3. Ms. Archana Magadum, the learned counsel, on
instructions from the Secretary, KSBC, submits that the
appellants have been excluded from the Final Electoral Rolls
published in the first week of February, 2026 because they
have not applied for a Certificate of Practice [COP] and that
the appellants have filed their representations with the High-
Powered Election Supervisory Committee and not the High-
Powered Election Committee. In rejoinder, Mr. Goodwala
Sadiqali Nazeer canvasses that the appellants have not been
served with communication or response on the consideration
of their representation though they have filed their
applications against these exclusion way back in February
2026.
4. Be the cause against non-consideration as it may,
for the present purposes, this Court opines that it would
suffice to observe that if indeed the appellants' exclusion from
the Electoral Roll is because they have not applied for COP,
that reason should prevail for now. As such, the writ appeal is
NC: 2026:KHC-D:3788-DB
HC-KAR
disposed of without prejudice to the appellants to pursue the
writ petition for appropriate modulation of the prayer.
Sd/-
(B.M.SHYAM PRASAD)
JUDGE
Sd/-
(SHIVASHANKAR AMARANNAVAR)
JUDGE
VNP / CT: VH
List No.: 3 Sl No.: 1
