In a significant ruling, the Bombay High Court has held that bar associations do not qualify as “State” or its instrumentalities under Article 12 of the Constitution of India, and therefore, writ petitions under Article 226 seeking relief in disputes between a bar association and its members are not maintainable. The decision was delivered by a division bench comprising Justice Girish Kulkarni and Justice Advait Sethna in the case of Abhijeet Bacche-Patil vs Bar Council of Maharashtra.
Background of the Case
The case arose from a writ petition challenging a notice issued by the Kolhapur Bar Association, which restricted voting rights in its elections to members who paid their dues by a specified deadline. The petitioners argued that the restriction was arbitrary and illegal, seeking to quash the notice and requesting permission for members to vote even if they paid their dues after the deadline.
Court’s Observations
The Bombay High Court, at the outset, examined the maintainability of the writ petition. The court reiterated that bar associations, being voluntary professional bodies, do not fall within the definition of “State” under Article 12. As such, they are not subject to the writ jurisdiction of the High Court under Article 226 for internal disputes with their members.
The court emphasized that recognizing bar associations as “State” would lead to unwarranted judicial interference in their internal affairs, potentially causing chaos in their functioning. It further noted that disputes between bar associations and their members are private in nature and should be resolved through appropriate internal mechanisms or civil remedies, not through constitutional writ jurisdiction.Implications of the Ruling
This judgment clarifies the legal status of bar associations and limits the scope of writ jurisdiction in disputes involving such bodies. Legal practitioners and bar association members will need to seek alternative forums, such as civil courts or internal grievance redressal mechanisms, to resolve disputes related to membership, elections, or administrative decisions of bar associations.
Case Details
Case Title: Abhijeet Bacche-Patil vs Bar Council of Maharashtra
Court: Bombay High Court
Bench: Justice Girish Kulkarni and Justice Advait Sethna
Date of Judgment: April 30, 2025
