Sri. B. N. Rachegowda v. State of Karnataka

Karnataka HC10 Jul 2026WP/26970/2017

Case brief

AI extract

What is this about?

Karnataka Advocates Welfare Fund Act 1983; Karnataka Advocates Welfare Fund (Amendment) Act 2010; Karnataka Advocates Welfare Fund (Amendment) Act 2017; Karnataka Act No. 12/2017 dated 04.03.2017; Sections 16, 16A, 23, 8; welfare fund stamps; schedule of payment; disparity; arbitrariness; discrimination; unconstitutionality; Articles 226 and 227 of the Constitution of India; writ petitions GM-RES; withdrawal memos; dismissed as withdrawn; preliminary hearing B group; Karnataka State Bar Council; Bar Council of India; State of Karnataka Department of Law; Department of Parliamentary Affairs; M.G.S. Kamal; High Court of Karnataka; NC: 2026:KHC:35161.

What did the court decide?

Leave to withdraw the petitions granted (memos taken on record); petitions dismissed as withdrawn. ¶139-140

Sri. B. N. Rachegowda Vs State of Karnataka — Writ and Judicial Review | Karnataka HC (2026)

What the court decided

AI extract

Outcome

Leave to withdraw the petitions granted (memos taken on record); petitions dismissed as withdrawn.

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Issue for consideration

Whether the provisions of Section 16 and Section 23 of the Karnataka Advocates Welfare Fund (Amendment) Act, 2017 (Annex-B) are unconstitutional in view of disparity, and whether respondents should be directed to revise and increase the schedule of payment in terms of Section 16 of the Karnataka Advocates Welfare Fund Act proportionately to the increase in affixture of welfare fund stamps (WP No. 29660 of 2017). +3 more

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Ratio / Principle

On memos filed by learned counsel for the petitioners seeking leave to withdraw, the Court took the memos on record and dismissed the petitions as withdrawn; the constitutional challenges raised in the four petitions were not adjudicated.

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Detailed headnote1 paragraphs

Consolidated order of the High Court of Karnataka (M.G.S. Kamal J., 10.07.2026; NC: 2026:KHC:35161) disposing of four writ petitions (WP Nos. 29660/2017, 6867/2011, 26970/2017 and 32414/2017, GM-RES) filed under Articles 226 and 227 of the Constitution of India. The petitions challenged the Karnataka Advocates Welfare Fund levy framework: Sections 16 and 23 of the Karnataka Advocates Welfare Fund (Amendment) Act, 2017 (Annex-B); Section 16(1) of the Schedule and Section 16A(2) of the Karnataka Advocates Welfare Fund (Amendment) Act, 2010 with the notification dated 06 August 2010 (Annex-Q); Section 8 of the 2017 Amendment Act; and the amendments to Sections 16 and 23 introduced by Karnataka Act No. 12/2017 dated 04.03.2017 (Annexure-A), on grounds of disparity, arbitrariness, discrimination and unconstitutionality, with a request to revise the schedule of payments proportionately to increased welfare fund stamp affixture. Before any adjudication, learned counsel for the petitioners filed memos seeking leave to withdraw; the memos were taken on record and all the petitions were dismissed as withdrawn. No issue was decided on merits and the constitutional questions remain unadjudicated.

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NC: 2026:KHC:35161 WP No. 29660 of 2017 C/W WP No. 6867 of 2011 WP No. 26970 of 2017 AND 1 OTHER

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 10^TH DAY OF JULY, 2026

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BEFORE

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THE HON'BLE MR. JUSTICE M.G.S. KAMAL

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WRIT PETITION NO. 29660 OF 2017 (GM-RES) C/W WRIT PETITION NO. 6867 OF 2011 (GM-RES) WRIT PETITION NO. 26970 OF 2017 (GM-RES) WRIT PETITION NO. 32414 OF 2017 (GM-RES)

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IN WRIT PETITION NO. 29660 OF 2017

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BETWEEN

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H.L. VISHALRAGHU S/O LALTE H.N. NINGEGOWDA AGED ABOUT 40 YEARS ADVOCATE BY PROFESSION MANDYA ADVOCATES' BAR ASSOCIATION MANDYA DISTRICT R/AT DIVYANEEKETHANA 9^TH CROSS, ASHOKNAGAR MANDYA-571 401.

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Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA

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...PETITIONER

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(BY SRI. PAVANA CHANDRA SHETTY H, ADVOCATE)

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AND:

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GOVERNMENT OF KARNATAKA DEPARTMENT OF PARLIMENTARY AFFAIRS VIDHANA SOUDHA AMBEDKAR VEEDHI BANGALORE-560 001

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NC: 2026:KHC:35161 WP No. 29660 of 2017 C/W WP No. 6867 of 2011 WP No. 26970 of 2017 AND 1 OTHER

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HC-KAR

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REPRESENTED BY ITS SECRETARY

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THE KARNATAKA STATE BAR COUNCIL 1^ST FLOOR, OLD KGIC BUILDING AMBEDKAR VEEDHI BENGALURU-560 001 REPRESENTED BY ITS SECRETARY

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THE BAR COUNCIL OF INDIA NO.21, ROUSE AVENUE INSTITUTIONAL AREA NEAR BAL BHAVAN NEW DELHI-110 002 REPRESENTED BY ITS SECRETARY

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…RESPONDENTS

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(BY SRI. SRINIVAS KUMAR M, HCGP FOR R1; SRI. NATARAJ G, ADVOCATE FOR R2; SRI. ANUBHA SRIVASTAVA, ADVOCATE FOR R3)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE PROVISIONS OF SECTION 16 AND SECTION 23 OF THE KARNATAKA ADVOCATES WELFARE FUND (AMENDMENT) ACT, 2017 AT ANNEX-B AS UNCONSTITUTIONAL IN VIEW OF DISPARITY AND DIRECT RESPONDENTS TO REVISE AND INCREASE THE SCHEDULE OF PAYMENT IN TERMS OF SECTION 16 OF THE KARNATAKA ADVOCATES WELFARE FUND ACT, PROPORTIONATELY IN TERMS OF THE INCREASE IN AFFIXTURE OF WELFARE FUND STAMPS AND ETC.

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IN WRIT PETITION NO.6867 OF 2011

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BETWEEN:

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SHIVARAJ PATIL PRESIDENT KARNATAKA STATE ADVOCATES

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3 - NC: 2026:KHC:35161 WP No. 29660 of 2017 C/W WP No. 6867 of 2011 WP No. 26970 of 2017 AND 1 OTHER

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HC-KAR

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WELFARE FORUM

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A.P. RANGANATHA VICE PRESIDENT

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B.V. PRAKASH ANGADI VICE PRESIDENT

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SHEKARAPPA ADVOCATE

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SHUBASH K ADVOCATE

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R.R. HIREMATH ADVOCATE

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LAXMINARAYANA ADVOCATE

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VIJAY PATIL ADVOCATE

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V.K. NAYAK ADVOCATE

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SONTOSH NAGARALE ADVOCATE

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HALASWAMY ADVOCATE

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CHANDRASHEKAR C. CHANNASAPUR ADVOCATE

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VENKATSATHYANARAYANA ADVOCATE

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4 - NC: 2026:KHC:35161 WP No. 29660 of 2017 C/W WP No. 6867 of 2011 WP No. 26970 of 2017 AND 1 OTHER

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HC-KAR

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14 . JAGADISH G. KUMBAR ADVOCATE

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NEELAKANT ADVOCATE

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A.N. GIRIRESHA ADVOCATE

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SATHESH A.E ADVOCATE

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GIRISHKUMR C.S ADVOCATE

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B.V. RAJESH ADVOCATE

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B. KEMPARAJU ADVOCATE

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J.V. PRAKASH ADVOCATE

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PRAVEEN D.M ADVOCATE

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PRASANNA KUMAR S ADVOCATE, MEMBER

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JAGADEESH M.L ADVOCATE

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B.K. DERAJU ADVOCATE

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HARISHA B.L ADVOCATE

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5 - NC: 2026:KHC:35161 WP No. 29660 of 2017 C/W WP No. 6867 of 2011 WP No. 26970 of 2017 AND 1 OTHER

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HC-KAR

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SUBBAREDDY N ADVOCATE

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VENKATREDDY K ADVOCATE

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GANESH C.R ADVOCATE

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CHANDRASHEKAR A.N ADVOCATE

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SUNILKUMAR ADVOCATE

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SATHISH B ADVOCATE

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SRINIVASA ADVOCATE

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SEENAPPA K ADVOCATE

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M.V. SATHEESHKUMAR ADVOCATE

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H.V. RAMACHANDRAREDDY ADVOCATE

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JAYARAJGOUDA ADVOCATE

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H.G. SWAMY ADVOCATE

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NC: 2026:KHC:35161 WP No. 29660 of 2017 C/W WP No. 6867 of 2011 WP No. 26970 of 2017 AND 1 OTHER

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HC-KAR

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K. VIJAYKUMAR ADVOCATE

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PRAKASH M ADVOCATE

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SATHISH K.R ADVOCATE

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PRABHAKAR H ADVOCATE

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M.G. JAGADISH ADVOCATE

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VIJAYKUMAR RAVOOR ADVOCATE

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AMRUTHESH ADVOCATE

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OFFICE SITUATED AT NO.2038 7^TH MAIN, 'D' BLOCK, 2^ND STAGE RAJAJINAGAR BANGALORE-10

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…PETITIONERS

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(BY SRI. HEMANTH RAJ AND SRI. HALASWAMY B.M, ADVOCATES)

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AND

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1 . THE SECRETARY KARNATAKA STATE BAR COUNCIL KGID BUILDING DR.AMBEDKAR VEEDHI BANGALORE-560 001.

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2 . THE SECRETARY

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NC: 2026:KHC:35161 WP No. 29660 of 2017 C/W WP No. 6867 of 2011 WP No. 26970 of 2017 AND 1 OTHER

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HC-KAR

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DEPARTMENT OF LAW, JUSTICE & HUMAN RIGHTS GOVERNMENT OF KARNATAKA VIDHANA SOUDHA BANGALORE-560 001.

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3 . THE SECRETARY DEPARTMENT OF PARLIAMENTARY AFFAIRS AND LEGISLATION COMMISSIONER GOVERNMENT OF KARNATAKA VIDHANA SOUDHA BANGALORE.

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…RESPONDENTS

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(BY SRI. M. SRINIVAS KUMAR, HCGP FOR R2 AND R3; SRI. G. NATARAJ, ADVOCATE FOR R1;

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT SECTION 16 SUB SECTION (1) OF THE SCHEDULE AND SECTION 16A CLAUSE (2) OF THE KARNATAKA ADVOCATES WELFARE FUND (AMENDMENT) ACT, 2010 AS PER ANENX-Q IS ARBITRARY, DISCRIMINATION AND UNCONSTITUTIONAL AND THE SAME IS LIABLE TO BE STUCK SIMPLE IMPRISONMENT FOR AND QUASH THE NOTIFICATION, BANGALORE DATED 06 AUGUST 2010 AS PER ANNEX-Q.

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IN WRIT PETITION NO. 26970 OF 2017

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BETWEEN:

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SRI. B.N. RACHEGOWDA S/O LATE NINGARASE GOWDA AGED ABOUT 38 YEARS NO.602, 8^TH MAIN 13^TH CROSS, IV STAGE T.K. LAYOUT, MYSORE.

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8 - NC: 2026:KHC:35161 WP No. 29660 of 2017 C/W WP No. 6867 of 2011 WP No. 26970 of 2017 AND 1 OTHER

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HC-KAR

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SMT. ANITHA W/O MAHESH KUMAR P AGED ABOUT 31 YEARS GOPALAPURA, JAYAPURA HOBLI MYSORE TALUK MYSORE.

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SRI. H.G. KRISHNAMURTHY AGED ABOUT 42 YEARS NO.280, DATTANAGAR MYSORE-OOTY ROAD MYSORE.

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SRI. S. MURALIDHAR NO. 1429, 7^TH CROSS SIDDARTHANAGAR HOSTEL ROAD KRISHNAMURTHYPURAM MYSORE-570 004.

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VINODA B.V D/O VENKATESH MURTHY B AGED ABOUT 35 YEARS NO.38, 2^ND CROSS, 17^TH MAIN "E" BLOCK, J.P.NAGAR MYSORE.

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SRI. V. JAGADISHA S/O LATE VENKATAPPA AGED ABOUT 59 YEARS NO.114/3, SHARADHA LAYOUT 5^TH CROSS, KERAGODU MAIN ROAD BOGADHI, MYSORE-26

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DR. B.S. DINAKARA S/O LATE B. SRINIVASAMURTHY AGED ABOUT 49 YEARS NO.1490/2, BEHIND ASHOKA CLINIC K.M. PURAM MYSORE-570 004

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…PETITIONERS

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9 - NC: 2026:KHC:35161 WP No. 29660 of 2017 C/W WP No. 6867 of 2011 WP No. 26970 of 2017 AND 1 OTHER

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HC-KAR

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(BY SRI. K.V. NARASIMHAN, ADVOCATE)

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AND:

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STATE OF KARNATAKA BY ITS SECRETARY DEPARTMENT OF LAW VIDHANA SOUDHA BANGALORE-560 001.

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KARNATAKA STATE BAR COUNCIL OLD KGID BUILDING BANGALORE BY ITS SECRETARY.

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…RESPONDENTS

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(BY SRI. SRINIVAS KUMR M, HCGP FOR R1; SRI. G. NATARAJ, ADVOCATE FOR R2)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE SECTION 23 OF THE KARNATAKA ADVOCATES WELFARE FUND ACT, 1983 AS UNCONSTITUTIONAL AND DECLARE SECTION 8 OF THE KARNATAKA ADVOCATE WELFATE FUND [AMENDMENT] ACT 2017 AS UNCONSTITUTIONAL OR IN THE ALTERNATIVE DECLARE THAT SECTION 23 OF THE KARNATAKA ADVOCATES WELFARE FUND ACT, 1983 IS NOT APPLICABLE TO THE ADVOCATES WHO DOES NOT WANT TO AVAIL THE BENEFITS OF KARNATAKA ADVOCATES WELFARE FUND.

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IN WRIT PETITION NO.32414 OF 2017

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BETWEEN:

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THE KARNATAKA STATE JUNIOR ADVOCATES ASSOCIATION REPRESENTED BY ITS PRESIDENT MR. BHARAT ADITYA NO.3, 1^ST CROSS, 1^ST FLOOR

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10 - NC: 2026:KHC:35161 WP No. 29660 of 2017 C/W WP No. 6867 of 2011 WP No. 26970 of 2017 HC-KAR AND 1 OTHER

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SUDHAMANAGAR LALBAUGH ROAD BANGALORE-560 027.

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..PETITIONER

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(BY SRI. SUNIL KUMAR H, ADVOCATE)

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AND:

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THE SECRETARY DEPARTMENT OF LAW AND PARLIAMENTARY AFAIRS VIDHANA SOUDHA BANGALORE-560 001

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2 . THE SECRETARY KARNATAKA STATE BAR COUNCIL 1^ST FLOOR, OLD KGID BUILDING BANGALORE-560 001

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3 . THE SECRETARY BAR COUNCIL OF INDIA NO.21, ROUSE AVENUE INSTITUTIONAL AREA NEAR BAL BHAVAN NEW DELHI-110 002

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…RESPONDENTS

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(BY SRI. SRINIVAS KUMAR M, HCGP FOR R1; SRI. G. NATARAJ, ADVOCATE FOR R2; SRI. ANUBHA SRIVASTAVA, ADVOCATE FOR R3)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE AMENDMENT TO SECTION 16 AND SECTION 23 OF THE KARNATAKA ADVOCATES WELFARE FUND ACT INTRODUCED THROUGH KARNATAKA ADVOCATE WELFARE FUND [AMENDMENT] ACT 2017 OF KARNATAKA ACT NO.12/2017 DATED 4.3.2017 VIDE ANNEXURE-A AS ILLEGAL, IRRATIONAL ATBITRARY AND UNCONSTITUTIONAL AND ETC

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