High Court of Gujarat

SAMIP BHUPENDRABHAI SHAHversusBAR COUNCIL OF INDIA

Disposal: DISPOSED AS INFRUCTUOUS
Bench: HEMANT M PRACHCHHAK

Holding

The petition was dismissed as infructuous because the elections were held and the Bar Council of Gujarat had already removed the office bearers.

Summary

Samip Bhupendrabhai Shah filed a Special Civil Application before the Gujarat High Court challenging the removal of certain office bearers of the Dakor Civil and Criminal Bar Association. The petitioner argued that the Bar Council of Gujarat's actions were improper. During the hearing, counsel for Respondent No.2 submitted that the elections for the association had already been held and that the Bar Council of Gujarat had issued an order on 07-07-2023 removing the office bearers. The court noted that these developments rendered the petition moot, as the relief sought could no longer be granted. Consequently, the court disposed of the petition as infructuous and discharged the notice.

Issues considered

What is the appropriate disposition of a petition when subsequent events render the relief sought moot?

Subjects

Bar Council of IndiaBar Council of GujaratBar Association electionsSpecial Civil ApplicationPetition infructuousMootness

Judgment

        C/SCA/6723/2023                                                        ORDER DATED: 23/04/2026




               IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                 R/SPECIAL CIVIL APPLICATION NO. 6723 of 2023
================================================================
                                SAMIP BHUPENDRABHAI SHAH
                                          Versus
                                BAR COUNCIL OF INDIA & ORS.
================================================================
Appearance:
MR. HJ KARATHIYA(7012) for the Petitioner(s) No. 1
MR MANAN A SHAH(5412) for the Respondent(s) No. 1
MR MJ MEHTA(5797) for the Respondent(s) No. 2
MR NANDISH H SHAH(11330) for the Respondent(s) No. 2
MR PRABHAKAR UPADYAY(1060) for the Respondent(s) No. 3,4,5
MR SAURABH J MEHTA(2170) for the Respondent(s) No. 2
NIDHI MANAN SHAH(9033) for the Respondent(s) No. 1
================================================================

  CORAM:HONOURABLE MR. JUSTICE HEMANT M.
        PRACHCHHAK

                                            Date : 23/04/2026

                                                   ORDER


         Learned          counsel         Mr.      Nandish          Shah,         appearing           for     the
respondent No.2, has submitted that the grievance raised in the
present petition does not survive any longer, as the elections in
respect to the Dakor Civil and Criminal Bar Association is already held
and so far as the prayer clause (A) is concerned, the Bar Council of
Gujarat has passed the order dated 07.07.2023, wherein, they have
taken action by removing the concerned office bearers and therefore,
the present petition has become infructuous. The copy of the order
dated 07.07.2023 produced by the learned counsel Mr. Shah is taken
on record.
         In view of above, present petition stands disposed of as having
become infructuous. Notice is discharged.

                                                                  (HEMANT M. PRACHCHHAK,J)

Dolly


 Original copy of this order has been signed by the Hon'ble Judge.
 Digitally signed by: DOLLYBEN CHETANBHAI VADUKAR(HC01392), PRIVATE SECRETARY, at High Court of Gujarat on 23/04/2026 18:20:41

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