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Approach Supreme Court to seek reservation of posts for women lawyers in governing council of Advocates’ Association, Bengaluru: Karnataka High Court

Approach Supreme Court to seek reservation of posts for women lawyers in governing council of Advocates’ Association, Bengaluru: Karnataka High Court

The Hindu
Wednesday, January 08, 2025 03:49:36 PM UTC

The High Court of Karnataka on Wednesday dismissed petitions seeking 33% reservation for women lawyers in various posts of the governing council and the executive committee of the Advocates’ Association, Bengaluru (AAB).

The High Court of Karnataka on Wednesday dismissed petitions seeking 33% reservation for women lawyers in various posts of the governing council and the executive committee of the Advocates’ Association, Bengaluru (AAB).

The High Court said that it has no power in law to issue such a direction in the absence of a bylaw in AAB providing reservation for women advocates, and it is only the Supreme Court under Article 142 of the Constitution that has the power to issue such directions.

Justice R. Devdas passed the order while dismissing the petitions filed by Deekasha N. Amruthesh and the Karnataka Federation of Women Lawyers. The petitioners had sought such a direction from the court in view of elections to the AAB’s governing council on February 2, based on earlier directions issued by the court on the conduct of elections.

“This court is of the considered opinion that the directions cited by the petitioners are the directions issued by the Supreme Court under Article 142 of the Constitution of India and such a power cannot be exercised by the High Court,” Justice Devdas said, while pointing out that the Supreme Court had already commenced the process to call for relevant information and data from bar associations of all High Courts in the country to consider issuing suitable directions for reservations for women in various bar associations.

The petitioners had sought a direction for reservation of 33% posts in AAB to women lawyers based on directions issued by the Supreme Court for reserving various posts for women advocates in the Supreme Court Bar Association (SCBA) in May, 2024, and a similar direction issued in December, 2024 to provide such reservation for women lawyers in the Delhi High Court Bar Association (DHCBA).

Meanwhile, the court directed the State Election Commission (SEC) to provide electronic voting machines (EVMs) for the smooth conduct of elections to the AAB governing council, while also directing the City Police Commissioner to ensure adequate bandobast and security during the elections for free.

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