ORDER : M. Nagaprasanna, J. The petitioner is before this court calling in question an endorsement/order dated 29-07-2021 passed by the 1st respondent/Karnataka State Bar Council (‘the Council’ for short) by which re-entry of the petitioner into the rolls of the Council as an Advocate is denied. 2. Heard Sri S.V. Angadi, learned counsel appearing for the petitioner, Sri G. Nataraj, learned counsel appearing for respondent No.1 and Smt. Navya Shekhar, learned Additional Government Advocate appearing for respondent No.2. 3. Sans unnecessary details, the facts in brief, germane are as follows:- The petitioner enrolls as an Advocate with the then Mysore Bar Council on 17-07-1973; continues his practice till the onset of COVID-19. Due to onset of COVID-19, since there were restrictions, he comes to conclude that he would not be in a position to continue his practice. Therefore, he surrenders his ‘sanad’ and takes benefits that were available to the Advocate who surrenders their sanad from the Karnataka Advocates’ Welfare Fund under the Karnataka Advocates’ Welfare Fund Act, 1983 (‘the Act’ for short). COVID-19 moves away. Normalcy is restored in the practice. The petitioner on realizing that he had committed a blunder by surrendering his sanad, submits a representation to the Council that he would wish to resume practice. This comes to be rejected by the Council holding that the petitioner was not entitled to resume practice as he has availed all the benefits of retirement and fresh enrollment cannot be considered on several grounds. The impugned endorsement is issued pursuant to the resolution of the Council. The petitioner does not stop at that, but submits another representation seeking resumption of practice and sought supply of certified copy of the earlier resolution. After having come to know the reason, the petitioner is before this Court in the subject writ petition. 4. The learned counsel Sri S. V. Angadi, submits that the petitioner had already put in 50 years of practice. He is in the evening of his life. When the world was engulfed with COVID-19, he decides that he may not be able to practice in future and therefore, surrenders his sanad. After the COVID-19 effect had deteriorated substantially he thought he could resume practice and accordingly made an application for re-entry to the rolls of Advocates for considering on par with the suspension of sanad. 5. When the world was engulfed with COVID-19, he decides that he may not be able to practice in future and therefore, surrenders his sanad. After the COVID-19 effect had deteriorated substantially he thought he could resume practice and accordingly made an application for re-entry to the rolls of Advocates for considering on par with the suspension of sanad. 5. Per contra, learned counsel Sri G. Nataraj representing the 1st respondent would vehemently refute the submissions by taking this Court through the statement of objections to contend that resumption of practice on suspension of sanad is altogether a different circumstance. The sanad of the petitioner, in the case at hand, had not been suspended but the petitioner had surrendered it. Once having surrendered his sanad he cannot practice as an Advocate, more so, in the light of the fact that he has taken the benefit under the Welfare Fund Act. Insofar as the judgment of the Kerala High Court, the learned counsel would submit that it is rendered on a different circumstance, as the Kerala Bar Council rolls are not in pari materia with the Karnataka State Bar Council rolls. He would seek to distinguish the said judgment. 6. I have given my anxious consideration to the submissions made by the respective learned counsel and have perused the material on record. 7. The afore-narrated facts are not in dispute. Only issue that falls for consideration in the case is, ‘whether the petitioner should be permitted restoration of his sanad, which has been erased from the rolls of Advocates, on account of an application made by the petitioner for such erasure?’ 8. The enrollment of the petitioner into the Bar Council of Karnataka was on 17-07-1973. He held the robes for close to 50 years. On the score that he would not be able to get back to practice due to the globe engulfed in COVID-19, files an application before Council to withdraw the amount in the Fund that he had deposited during his tenure. After resumption of regular Court work, on COVID-19 subsiding, the petitioner files application on 08-02-2021, requesting the Council to permit him resume practice. After resumption of regular Court work, on COVID-19 subsiding, the petitioner files application on 08-02-2021, requesting the Council to permit him resume practice. It is not acceded to solely on the score that the entitlements under the Advocates’ Welfare Fund have all been given to the petitioner and it is the emphatic submission of the learned counsel representing the Council that once the petitioner takes the amount from the Fund, it would not be available for him to seek resumption of practice on return of the Fund. Learned counsel for the 1st respondent places reliance upon Section 15 of the Act and contends that once benefits arising out of the Fund are paid to the Advocate on his application on surrendering his sanad, he cannot be taken back to the rolls. To consider the said submission, it becomes germane to notice certain provisions of the Act. 9. Sections 2(a), 2 (d), 2(g), 2(ga) 2(i), 3 and 15 read as follows:- “2. Definitions.- In this Act unless the context otherwise requires,- (a) "advocate" means a person whose name has been entered in the State roll of Advocates prepared and maintained by the Bar Council of Karnataka under section 17 of the Advocates' Act, 1961 (Central Act 25 of 1961) and includes a legal practitioner whose rights are saved under section 55 of the said Act and who ordinarily practices in the State of Karnataka; … … … (d) "cessation of practice" means removal of the name of an advocate from the roll maintained by the Bar Council or non-renewal of Pleadership Certificate on the ground of,- (i) death; or (ii) permanent disability; or (iii) voluntary retirement due to old age of seventy five years or on completion of fifty years of practice whichever is earlier. … … … (g) "member" means member of the fund; (ga)”permanent disability” means disability incurred by an advocate after becoming a member which renders him totally incapable from practicing as an advocate and certified as such by the District Surgeon of the District where the advocate is practicing. … … … (i) "retirement" means stoppage of practice as an advocate communicated to and recorded by the 1 [Bar Council and the trustee committee; … … … 3. … … … (i) "retirement" means stoppage of practice as an advocate communicated to and recorded by the 1 [Bar Council and the trustee committee; … … … 3. Advocates' Welfare Fund.- (1) The State Government shall constitute a fund called the Karnataka Advocates' Welfare Fund for the payment of retirement and other benefits to the advocates and their dependents, in the State. (2) There shall be credited to the Fund,- (a) xxx] (b) any contribution made by the Bar Council; (c) any voluntary donation or contribution made to the Fund by the Bar Council of India, any bar association, any other association or institution, any advocate or any other person; (d) any grant made by the State Government to the Fund; (e) the amounts set apart from the Legal Benefit Fund constituted under section 76A of the Karnataka Court Fees and Suits Valuation Act, 1958 (Karnataka Act 16 of 1958), for providing social security measures for the legal profession; (f) any sum borrowed under section 10; (g) all sums received from the Life Insurance Corporation of India on the death of an advocate under the group insurance policy; (h) any profit or dividend received from the Life Insurance Corporation of India in respect of policies of Group Insurance of the members of the Fund; (i) any interest or dividend or other return on any investment made of any part of the Fund; (j) all sums collected by way of sale of welfare fund stamps under section 22; (k) amounts collected under section 15 by way of admission fee and any other fee including late fee under section 23A and penalty or contribution if any. (3) The sums specified in sub-section (2), shall be paid to, or collected by, such agencies, at such intervals and in such manner, and the accounts of the Fund shall be maintained and operated in such manner, as may be prescribed. … … … 15. (3) The sums specified in sub-section (2), shall be paid to, or collected by, such agencies, at such intervals and in such manner, and the accounts of the Fund shall be maintained and operated in such manner, as may be prescribed. … … … 15. Membership of the Fund.- (1) Every Advocate on the roll of the Karnataka State Bar Council practicing in the State of Karnataka shall be a member of the Fund and shall file a declaration in such form along with such admission fee as may be prescribed,- (i) … … (ii) … … Provided that the Advocates other than those who have already become Members, shall file such declarations as may be prescribed and pay rupees one thousand within six months from the date of coming into force of the Karnataka Advocates Welfare Fund (Amendment) Act, 1993. Provided further that the Advocates who have already become members, shall pay the balance amount of rupees eight hundred towards admission fee within six months from the date of coming into force of the Karnataka Advocates welfare Fund (Amendment) Act, 1996. 1A. … … (2) Every member shall furnish the particulars of place of practice with such other details as may be prescribed. (3) Every member who voluntarily suspends practice or retires shall within fifteen days of such suspension or retirement intimate that fact to the trustee committee and if any member fails to do so without sufficient reason the trustee committee may reduce the amount due to that member in such manner as may be prescribed. (4) Every member who has completed fifteen years of practice pay a fee of rupees two thousand to the fund and who has not completed fifteen years of practice shall pay a fee of rupees one thousand to the fund on or before the thirty first day of December of every year, next after the year of becoming member, failing which, he shall be deemed to have voluntarily suspended practice for the purpose of this Act. Provided that a member may pay such fee within six months from the expiry of the due date along with a penalty of rupees one hundred per month, in which case it shall not be construed as deemed voluntary suspension of practice. Provided that a member may pay such fee within six months from the expiry of the due date along with a penalty of rupees one hundred per month, in which case it shall not be construed as deemed voluntary suspension of practice. Provided further that a member who has completed fifteen years of practice may, in lieu of payment of fee every year, pay in a lumpsum rupees twenty five thousand. Provided also that a member who has already paid a lumpsum amount of rupees fifteen thousand before the date of commencement of the Karnataka Advocates’ Welfare Fund (Amendment) Act, 2017 shall pay the balance amount of rupees ten thousand within one year from the date of such commencement or pay a sum of rupees one thousand every year on or before thirty first day of December till the balance is cleared failing which he shall be deemed to have voluntarily suspended practice for the purpose of this Act. Provided also that where a member pays balance of such lumpsum amount within one year from the expiry of the due date along with a penalty of rupees one hundred per month it shall not be construed as deemed voluntary suspension of practice. (5) Notwithstanding anything contained in sub-section (4), a member who is enrolled as an advocate before attaining an age of forty years, fails to pay fees under sub-section (4) after attaining an age of seventy years shall be eligible to claim benefit under sub-section (1) of sub-section 16, so however, arrears of fee due under sub-section (4) shall be deducted in the amount payable under sub-section (1) of sub-section 16. (6) For every year of deemed suspension under sub-section (4) an amount of rupees ten thousand per annum shall be deducted from out of the amount payable under sub-section (1) of section 16. Provided that where a deemed suspension under sub-section (4) is consecutively for a period of five years and more, amount payable under sub-section (1) of section 16 shall not exceed two lakh rupees. Provided that where a deemed suspension under sub-section (4) is consecutively for a period of five years and more, amount payable under sub-section (1) of section 16 shall not exceed two lakh rupees. (7) Notwithstanding anything contained in this Act if a member who,- (a) has completed fifty years of practice and paid all the arrears to the fund; or (b) having been enrolled as an advocate before completion of an age of forty years has attained an age of seventy five years, fails to pay fees and penalty, if any, under sub-section (4) or contribution and late fee under sub-sections (1) and (2) of section 23A he shall be eligible to claim entire amount payable to him under sub-section (1) of section 16 without deduction of any amount towards arrears of fee and penalty due under sub-section (4) or contribution or late fee due under sub-section (1) and (2) of section 23A.” (Emphasis supplied) Section 2(a) defines an Advocate. Section 2(d) defines cessation of practice which would be removal of the name of an Advocate from the roll maintained by the Bar Council on the ground of death, permanent disability or voluntary retirement on attaining the age of 75 years or on completion of 50 years of practice whichever is earlier. Section 2(g) deals with member of the Fund. Section 2(i) defines retirement, to mean, stoppage of practice as an advocate communicated to and recorded by the Bar Council. Section 3 deals with Advocates’ Welfare Fund and Section 15 deals with membership of the Fund. It directs that every Advocate on the roll of the Karnataka State Bar Council shall become a member of the Fund by payment of requisite fee. 10. Section 16 of the Act reads as follows : “16. Section 3 deals with Advocates’ Welfare Fund and Section 15 deals with membership of the Fund. It directs that every Advocate on the roll of the Karnataka State Bar Council shall become a member of the Fund by payment of requisite fee. 10. Section 16 of the Act reads as follows : “16. Payment from the Fund on cessation of practice.-(1) Where the cessation of practice,- (i) is due to death of a member, his nominee and if there is no nominee, to his dependents or heirs as the case may be; or (ii) is due to reasons other than death, the member, shall be entitled to receive an amount specified in the schedule, from out of the fund: Provided that the following categories of members shall be entitled to receive an amount at the rate of ten thousand rupees for every completed year of practice subject to a maximum of rupees three lakhs namely:- (i) an advocate who becomes member after attaining an age of forty years except those who have become members prior to the commencement of the Karnataka Advocates’ Welfare Fund (Amendment) Act, 2010; (ii) an advocate enrolled after attaining an age of forty years; (iii) an advocate who has voluntarily suspended practice for a period exceeding three years for the purpose of any employment, avocation or business or for appointment to an office of Chairperson, Vice-Chairperson or Member of any Commission, Corporation, Committee, Board, Body or other authority, either statutory or non-statutory constituted by any Central Government or any State Government. (iv) an advocate enrolled after retirement, dismissal or removal from service or employment; (v) an advocate who has become member on or after the first day of August 2000 and has attained an age of sixty years on the date of becoming member; (vi) an advocate who becomes member on transfer from other states, after attaining an age of forty years: Provided further that an advocate who had become member prior to the second day of April, 1997 and has failed to pay balance fee due and has not been re-admitted to the fund after the second day of April, 1997, shall be entitled only to an amount at the rate of five thousand rupees for every completed year of practice but not exceeding an amount of rupees one lakh and this amount shall be paid to him or to his nominees, and where there are no nominees to his dependants or heirs as the case may be on cessation of practice. (2) In the event of the death of a member, the amount shall be paid to his nominee or, where there is no nominee, to his legal dependents or heirs in accordance with the law of inheritance applicable to such member. (3) xxx (4) While calculating period of completed years of practice for the purpose of payment under this Act,- (i) fraction of three months and more shall be treated as one full year; and (ii) the period of suspension practice as a result of misconduct under section 35 of the Advocates Act, 1961 (Central Act 25 of 1961) shall be excluded. (4A) In case of an advocate enrolled prior to the second day of April 1997 and admitted to the fund after the Second day of April 2002, every four years of practice before admission as a member to the fund shall be computed as one year of completed year of practice and added on to the number of completed years of practice after such admission for the purpose of payment under this Act. (5) XXX (6) An application for payment from the Fund shall be preferred to the trustee committee in such form as may be prescribed. (5) XXX (6) An application for payment from the Fund shall be preferred to the trustee committee in such form as may be prescribed. Provided that if a member who has opted for payment of fees in a lumpsum, makes an application claiming amount specified in the schedule on account of cessation of practice on the ground of voluntary retirement he should have paid the entire lumpsum amount along with penalty, if any, specified in the second, third and fourth provisos to sub-section (4) of section 15 before making such application or should give a written consent for deduction of the lumpsum fee and penalty, if any, due at the time of final settlement of the amount. (6A) Where applications are received from members under sub-section (6) on account of cessation of practice on the ground of voluntary retirement total number of applications which may be considered for payment under this section during a year shall be fixed by the trustee committee having regard to its financial position, feasibility of future operation of the fund, need of the applicant and other relevant factors. (7) An application received under sub-section (6), shall be disposed of by the trustee committee after such enquiry as it deems necessary. (8) If a claim made by any applicant under sub-section (6) is found to be false or incorrect by the trustee committee after making payment to him based on such claim, the trustee committee may, after holding such enquiry as it deems fit and after giving an opportunity of being heard to the applicant, direct him to refund the amount paid in excess of the amount due to him, and in case of default it shall be recoverable as an arrear of land revenue.” (Emphasis supplied) Section 16 deals with payment from the Fund on cessation of practice. Cessation of practice if it is due to death of the member, his nominee and if there is no nominee his dependents would become entitled to the Fund of certain categories. Sub-section (6) of Section 16 directs that an application for payment from the Fund shall be preferred to the trustee committee by a person who intends to stop practice and the entire lumpsum amount would be paid on the application so made. All these acts have happened in the case at hand. Sub-section (6) of Section 16 directs that an application for payment from the Fund shall be preferred to the trustee committee by a person who intends to stop practice and the entire lumpsum amount would be paid on the application so made. All these acts have happened in the case at hand. The petitioner has received the amount from the Fund in terms of Section 16 of the Act. Whether he could resume practice by submitting an application and paying requisite fee and an amount to the Fund all over again is the issue that arises for consideration in the case at hand. 11. The contention of the learned counsel for the 1st respondent/Council is unacceptable. The petitioner has not been removed from the rolls of the Council. He has voluntarily surrendered his sanad on account of certain circumstances that prevailed at that point in time. In the considered view of this Court there should always be locus poenitentiae to those who stand on the heels of regret for having given up their practice, if not otherwise terminated. The return of the amount from the Fund, on voluntary cessation of practice cannot control the right to resumption of practice of law, which at all times he was doing. The profession and privilege that hovers around being an Advocate cannot be taken away by the return of the Fund. Article 19(1)(g) of the Constitution guarantees such right to practice, but it is subject to terms imposed by the Advocates Act, qua the practice of law. Therefore, the receipt of the amount from the Fund of the Council, by the petitioner, will not control the fundamental right of the petitioner to practice; as it is trite that, a statute cannot control its fountain head; the Constitution of India being the fountain head of all statutes. 12. For the aforesaid reasons, the following : ORDER (i) Writ Petition is allowed. (ii) The endorsement/order dated 29-07-2021 issued/passed by the Karnataka State Bar Council/1st respondent stands quashed. (iii) The petitioner shall refund all the amounts that he has received from the Fund, pay requisite fee, if any, for restoration of his sanad entitling him to practice and on completion of all the formalities of restoration of his sanad, he shall be restored to practice and his name be drawn in the list of Advocates’ forthwith. Consequently, I.A.No.1 of 2024 also stands disposed.