2024 (3) TMI 1446

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....the Bombay Bar Association, (an association of the Advocates on the original side of the Bombay High Court), whereby the petitioner's nomination form, for election to the membership of the standing committee held on 29 February 2024 was rejected. Such elections concerned the election of the President, the Vice-President, Honorary Secretary and members of the Standing Committee. 3. The Petitioner had submitted her nomination form for election as a member of the Standing Committee, however, the Advocate (respondent No. 2) who proposed the Petitioner's nomination form, withdrew her consent. For such reasons, the election scrutiny committee on 17th February 2024 decided that the petitioner's nomination form was required to be rejec....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....) That this Hon'ble court be pleased to stay the election of BBA/result till the rules and provisions are formed with regard to dealing with such belated withdrawal of proposal/seconder in nomination form of candidates be done. G) That this Hon'ble court be pleased to set aside the decision of the scrutiny committee depriving the petitioner form her right of equality of contesting election being permanent member and fair opportunity of replacing the proposer in event of belated withdrawal of proposer." 5. At the outset, an objection is raised by Mr. Tally, the learned Counsel for Respondent No. 1, to the maintainability of this Petition. He would submit that the prayers made by the petitioner are in relation to the elections, whi....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....e Bombay Bar Association is a 'State' under Article 12 of the Constitution of India. We are informed by Mr. Tally that the Bombay Bar Association is a society registered under the Societies Registration Act, 1860, having its bye-laws and Rules. It does not receive any aid / financial assistance from the government to meet its expenditures, nor does the government have any other form of controlling stake either in the establishment or in the management or administration of the bar association. There is no deep or pervasive "State control" in the management of its affairs. Furthermore, the functions of the Bombay Bar Association do not relate/or are governmental functions. For all these reasons the Bombay Bar Association cannot be hel....