Karnataka High Court Directs State Bar Council Not To Recognise Or Register Any New Advocate's Association Without Court's Leave

The Karnataka High Court on Saturday (August 23) in an interim order directed the Karnataka State Bar Council to not act on any pending applications or received applications for recognition and registration of a new advocates' association, without seeking leave of the high court. 

A single judge bench of Justice B M Shyam Prasad passed the order while hearing a petition filed by Advocates Association of Bengaluru objecting to the application filed by another society–High Court Advocates Welfare Association seeking recognition. 

Senior Advocate K N Phanindra appearing for the petitioner argued that “The society's registration has been stayed by the Registrar of Societies. But by the time they get registration they have moved the KSBC for getting recognition under Section 13 of the Advocates Welfare Fund Act, 1985". 

He said “Our concern is that under Section 13 we already have affiliation or recognised association in the form of Advocate Association Bengaluru.

To which the bench asked “Is the state bar council on a war footing to grant recognition?" To which Phanindra replied saying “Looks so.”

In its order the court recorded that arguments and directed the petitioner to implead the High Court Advocates Welfare association seeking recognition as respondents to the plea and serve them with a copy of the petition.

Further it directed that petition be served on the State Bar Council.

The court said “The opinion of this association would be required for the purpose of the petition. Allowing this will not create any equity in favour of the impleaded entity. Petitioners are directed to implead the association as party respondents.”

Following which it passed the interim order and posted the matter for hearing on August 30.