Mintu Kr. Nath v. Morigaon Bar Association and 3 Ors

ORDER 13-03--2024 Heard Shri S. Das, learned counsel for the petitioner. The grievance sought to be raised in this petition structured under Article 226 of the Constitution of India is with regard to the action of the Returning Officer of the Morigaon Bar Association in dismissing the appeal of the petitioner and proceedings to hold the elections. In fact, the elections were held on 24.01.2024 and results have been declared including the post of the Secretary in which post the petitioner had expressed his interest to contest. Even without going into the merits of the dispute, this Court is of the opinion that the powers exercised by this Court under Article 226 is an extra-ordinary power whereby prerogative writs can be issued and private disputes of the present nature cannot be raised or is entertainable by a writ court. This Court has also been informed that the Morigaon Bar Association is not a registered association. In any case, registration of a private association itself would not make it amenable to the writ jurisdiction of this Court. Accordingly, the instant writ petition is held to be not maintainable and dismissed. The petitioner however is at liberty to approach the appropriate forum for redressal of his grievance in accordance with law.

JUDGE Comparing Assistant

PageoNo.#o1/2 GAHC010048562024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/1410/2024o MINTUoKR.oNATHo S/O-oLATEoBIKUDERoNATH,oR/O-oVILL.-oMIKIRGAON,oP.O.oPATUAoKATA,oP.S.o MIKIRBHETA,oDIST.oMORIGAON,oASSAM VERSUSo MORIGAONoBARoASSOCIATIONoANDo3oORSo REPRESENTEDoBYoITSoPRESIDENT,oOFFICEoAToDISTRICToANDoSESSIONSo JUDGEoCOURToCOMPLEX,oMORIGAON,oASSAM-782105. 2:POBITRAoKUMARoBORAH oSECRETARYoTOoTHEoMORIGAONoBARoASSOCIATION oOFFICEoAToDISTRICToANDoSESSIONSoJUDGEoCOURToCOMPLEX oMORIGAON oASSAM-782105. 3:HARENDRAoNATHoBORAH oRETURNINGoOFFICERoOFoTHEoMORIGAONoBARoASSOCIATIONoELECTIONo FORoTHEoSESSIONo2024-2026 oTHROUGHoTHEoMORIGAONoBARoASSOCIATION oOFFICEoAToDISTRICToANDoSESSIONSoJUDGEoCOURToCOMPLEX oMORIGAON oASSAM-782105. 4:HIMANGSHUoSHAH oOFFICEoBEARER oMORIGAONoBARoASSOCIATION oOFFICEoAToDISTRICToANDoSESSIONSoJUDGEoCOURToCOMPLEX oMORIGAON oASSAM-782105o AdvocateoforotheoPetitionerooooo:oMRoSoDASo AdvocateoforotheoRespondento:oo Page No.# 2/2 BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI