HC rejects Shopian Bar plea

Says association’s internal election disputes can’t be raised under writ jurisdiction

Kashmir Impulse Desk

Srinagar, Aug 31

The High Court of Jammu and Kashmir and Ladakh on Monday dismissed a petition challenging amended election rules of the District Bar Association Shopian.

Justice Wasim Sadiq Nargal held that disputes concerning the association’s internal affairs and elections were not amenable to writ jurisdiction under Article 226 of the Constitution.

The petition challenged a 2023 amendment that increased the eligibility requirement for candidates for president and vice-president from 10 to 15 years at the Bar and for secretary from seven to 10 years.

The petitioner had challenged an election notification issued on December 11, 2025, arguing that the amendment had not been approved through proper procedure.

He said no valid general body meeting had been held, proper notice had not been circulated, and no resolution approving the amendment had been passed.

The association said the amendment had been approved by its general body after notice and a majority vote.

The court held that the Bar Association was a voluntary body governed by its constitution and bye-laws and did not derive its existence from statute or exercise statutory or governmental powers.

The court said the dispute concerned internal governance and members’ electoral rights and therefore lacked a public-law element.

It also said disputed factual questions about the general body meeting and approval of the amendment would require examination of evidence and could be addressed by a competent civil court.

The petition was dismissed as not maintainable.

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