‘Extraordinary Situation Warrants Extraordinary Measures’: Karnataka HC Relaxes Advocates’ Association Bye Laws For Conducting Elections Expeditiously
[01 November 2021]
The Karnataka High Court has relaxed the rigor of certain Bye Laws of the Advocates Association of Bengaluru, for ensuring the elections to the Association are completed expeditiously and latest by December 22, as earlier ordered by the Court. Justice Krishna S Dixit said, “the rigor of the Bye Laws needs to be relaxed for the very same reason so that the elections can be conducted within the period prescribed by this Court and affirmed by the Division Bench; an extraordinary situation warrants an extraordinary measure, as of necessity; therefore, relaxation sought for by the HPC to the relevant provisions of the Bye Laws needs to be and is accorded.” The Bench was hearing an application moved by a seven-member high power committee (HPC) formed by the court to conduct the elections. It had moved the court pointing that Bye Law Nos.33(d) to 33(f) of the Memorandum & Bye Laws of the Association prescribe certain timelines for the preparation of Electoral Rolls, which if adhered to would render the holding of election within the prescribed period almost impossible.