Writ Petition No. 2787 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:4748 WP No. 2787 of 2025 C/W WP No. 2791 of 2025 WP No. 2904 of 2025 AND 1 OTHER IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 2787 OF 2025 (GM-RES) C/W WRIT PETITION NO. 2791 OF 2025 (GM-RES) WRIT PETITION NO. 2904 OF 2025 (GM-RES) WRIT PETITION NO. 3071 OF 2025 (GM-KSR) IN WP No. 2787/2025 BETWEEN: ALL INDIA BACKWARD CLASSES ADVOCATES FOUNDATION (R) REGISTERED UNDER TRUST ACT 1882 OFFICE AT NO.56, ROOM NO.19, VENKATESWHAWA BUILDING, II FLOOR, D.V.G. ROAD, BASAVANAGUDI, BENGALURU-560004. E MAIL [email protected] REP/BY ITS PRESIDENT. DR. ANIL LAKSHMINARAYAN (BY SRI. M.B. NARAGUND., SR. COUNSEL FOR SRI. MADHUKAR M DESHPANDE., ADVOCATE) …PETITIONER AND: 1. THE BENGALURU ADVOCATES ASSOCIATION OFFICE AT SIXTH FLOOR, VAKEELA BHAVAN, CITY CIVIL COURT COMPOUND, BANGALURU-560009. PHONE_08022240673. REP/BY ITS PRESIDENT. Digitally signed by KRISHNAPPA LAXMI YASHODA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:4748 WP No. 2787 of 2025 C/W WP No. 2791 of 2025 WP No. 2904 of 2025 AND 1 OTHER 2. THE CHAIRMAN AND CHIEF RETURNING OFFICER, HIGH POWER COMMITTEE, OFFICE AT THIRD FLOOR, VAKEELA BHAVAN, CITY CIVIL COURT COMPOUND, BANGALURU-560009. EMAIL [email protected] PHONE 984502273. 3. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, SAHAKARA SADANA, 4TH ZONE, REGISTRAR OF ASSOCIATIONS OF BANGALORE CITY, BANGALORE-560003. (BY SRI.GIRISH KUMAR R., ADVOCATE FOR R1 SRI.MOHAMMED JAFFAR SHAH, AGA FOR R2 & R3) …RESPONDENTS INDIA PRAYING THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF TO DIRECTION RESPONDENTS FOR THE NECESSARY STEPS FOR PROVIDING THE OVERALL 50 PERCENT RESERVATION TO SC/ST AND BACKWARD COMMUNITIES, IN THE WOMEN RESERVATION AS WELL AS GOVERNING BODY IN THE ASSOCIATION, WITH ROTATION ADEQUATE REPRESENTATION, IN THE ELECTION BY CONSIDERING THE REPRESENTATION GIVEN BY THE PETITIONER VIDE ANNEXURE A TO C BY THE RESPONDENTS DATED 27/01/2025. PROVIDING BASIS, FOR IN WP NO. 2791/2025 BETWEEN: KARNATAKA SC/ST BACKWARD CLASSES AND MINORITIES ADVOCATES FEDERATION NO 122, MAHESH MARKET BALEPET BANGALORE 560053 REP BY PRESIDENT, M.,KUMBAIAH (BY SRI. NAGENDRA. A., ADVOCATE) ...PETITIONER - 3 - NC: 2025:KHC:4748 WP No. 2787 of 2025 C/W WP No. 2791 of 2025 WP No. 2904 of 2025 AND 1 OTHER AND: 1. STATE OF KARNATAKA R/BY ITS THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, SAHAKARA SADANA, 4TH ZONE, REGISTRAR OF ASSOCIATIONS OF BANGALORE CITY, BANGALORE-560003. 2. THE BENGALURU ADVOCATES ASSOCIATION OFFICE AT SIXTH FLOOR, VAKEELA BHAVAN, CITY CIVIL COURT COMPOUND, BENGALURU-560009. PHONE_08022240673. REP/BY ITS PRESIDENT. 3. THE CHAIRMAN AND CHIEF RETURNING OFFICER, HIGH POWER COMMITTEE, OFFICE AT THIRD FLOOR, VAKEELA BHAVAN, CITY CIVIL COURT COMPOUND, BENGALURU-560009. Email [email protected] PHONE 984502273. ...RESPONDENTS
Legal Reasoning
(BY SRI.MOHAMMED JAFFAR SHAH., AGA FOR R1 & R3 SRI.GIRISH KUMAR R., ADVOCATE FOR R2) THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTION TO THE RESPONDENTS FOR THE NECESSARY STEPS FOR PROVIDING THE OVERALL 50 PERCENT RESERVATION TO SC/ST AND BACKWARD COMMUNITIES, IN THE WOMEN RESERVATION AS WELL AS GOVERNING BODY IN THE ASSOCIATION, WITH ROTATION BASIS, FOR PROVIDING ADEQUATE REPRESENTATION, IN THE ELECTION BY CONSIDERING THE REPRESENTATION GIVEN BY THE PETITIONER VIDE ANNEXURE A, B AND C BY THE RESPONDENTS DATED 27/01/2025. - 4 - NC: 2025:KHC:4748 WP No. 2787 of 2025 C/W WP No. 2791 of 2025 WP No. 2904 of 2025 AND 1 OTHER IN WP NO. 2904/2025 BETWEEN: ADVOCATES FOR SOCIAL JUSTICE NO.4 WEST PARK ROAD, KUMAR PARK EAST, MALLESHWARAM BENGALURU -560003 REP. BY ITS PRESIDENT - B S RAJASHEKAR AND GENERAL SECRETARY H VENKATESH DODDERI ...PETITIONER (BY SRI. VENKATESH DODDERI., ADVOCATE FOR SRI. ANANDA B N.,ADVOCATE) AND: 1. THE BENGALURU ADVOCATES ASSOCIATION OFFICE AT SIXTH FLOOR, VAKEELA BHAVAN CITY CIVIL COURT COMPOUND BANGALURU-560009. PHONE-08022240673 2. THE CHAIRMAN AND CHIEF RETURNING OFFICE HIGH POWER COMMITTE, OFFICE AT THIRD FLOOR, VAKELA BHAVAN, CITY CIVIL COURT COMPOUND BANGALURU-560009. EMAIL [email protected] 3. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES SAHAKARA SADANA 4TH ZONE REGISTRAR OF ASSOCIATIONS OF BANGALORE CITY - 5 - NC: 2025:KHC:4748 WP No. 2787 of 2025 C/W WP No. 2791 of 2025 WP No. 2904 of 2025 AND 1 OTHER MALLESHWARAM, BANGALORE-560003 (BY SRI.GIRISH KUMAR R., ADVOCATE FOR R1 SRI.MOHAMMED JAFFAR SHAH., AGA FOR R2 & R3) ...RESPONDENTS THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE MODIFIED CALENDAR OF EVENTS DTD. 30.01.2025 ISSUED BY THE R-2 (ANNX-D).DIRECTION TO THE RESPONDENTS FOR THE NECESSARY STEPS FOR PROVIDING THE RESERVATION TO SCHEDULED CASTE, SCHEDULED AND BACKWARD COMMUNITIES, IN THE WOMEN RESERVATION AS WELL AS GOVERNING BODY IN THE ASSOCIATION, WITH ROTATION BASIS, FOR PROVIDING ADEQUATE REPRESENTATION, IN THE ELECTION BY CONSIDERING THE (SUBMITTED ON REPRESENTATION DTD. 28.10.2025 29.01.2025) GIVEN BY THE PETITIONER VIDE ANNX-A TO C TO THE RESPONDENTS. IN WP NO. 3071/2025 BETWEEN: 1. KARNATAKA STATE SC/ST ADVOCATES ASSOCIATION (R) NO.39/2, CHAMBER NO.4, 5TH FLOOR, ASVN BHAVAN, OPP. TO SBI, K.G.ROAD, GANDHINAGAR, BENGALURU-560009. REP. BY IT'S PRESIDENT M.MUNIYAPPA. 2. T.L NAGARAJU S/O LATE. T.N LAKSHMINARASIMAIAH - 6 - NC: 2025:KHC:4748 WP No. 2787 of 2025 C/W WP No. 2791 of 2025 WP No. 2904 of 2025 AND 1 OTHER AGE 58 YEARS, NO. 617, 3RD FLOOR, RAJESHWARI MARKET BUILDING, AVENUE ROAD, BANGALORE 560002 3. SAMPATH KUMAR T.K S/O LATE KRISHNAPPA AGED 40 YEARS, NO. 67, THIRUMALASHETTYHALLI, SAMETHANAHALLI POST, HOSKOTE TALUK, BANGALORE RURAL – 560067 4. RAGHU KUMAR R.V S/O LATE. R VIJAYAN AGED 40 YEARS NO. 13, 5TH CROSS, SARASWATHIPURAM, HALASURU, BANGALORE 560008 5. M.VISHWA PRASAD S/O MUNIYAPPA AGED 37 YEARS NO. 87/1, MATHRUSHREE NILAYA, PATTANDUR AGRAHARA, BEHIND ITPL, WHITEFIELD, BANGALORE 560066 (BY SRI. H B RAJU.,ADVOCATE) AND: ...PETITIONERS 1. STATE OF KARNATAKA VIDHANA SOUDHA, DR.AMBEDKAR ROAD, - 7 - NC: 2025:KHC:4748 WP No. 2787 of 2025 C/W WP No. 2791 of 2025 WP No. 2904 of 2025 AND 1 OTHER BENGALURU-560 001. REP. BY ITS CHIEF SECRETARY 2. THE PRINCIPAL SECRETARY, DEPARTMENT OF CO-OPERATION, GOVERNMENT OF KARNATAKA, ROOM 610, 6TH FLOOR, 3RD GATE, MS BUILDING, BENGALURU-560 001 3. REGISTRAR, DEPT. OF CO-OPERATION SOCIETIES, GOVERNMENT OF KARNATAKA, NO.1, ALI ASKER ROAD, VASANT NAGAR, BENGALURU-560 052 4. JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, BENGALURU DIVISION, NO.146, 8TH CROSS, 3RD MAIN ROAD, MARGOSA ROAD, MALLESHWARAM, BENGALURU-560 003 5. KARNATAKA STATE BAR COUNCIL, OLD ELECTION COMMISSION BUILDING, NEXT TO PRESS CLUB, DR.AMBEDKAR ROAD BENGALURU-560 001. REP. BY ITS SECRETARY 6. ADVOCATE'S ASSOCIATION, BENGALURU (R.) VAKEELARA BHAVANA, CITY CIVIL COURT COMPOUND, BEHIND CAUVERY BHAVAN, K.G.ROAD, BENGALURU-560 001. ALSO HO AT HIGH COURT BUILDING, - 8 - NC: 2025:KHC:4748 WP No. 2787 of 2025 C/W WP No. 2791 of 2025 WP No. 2904 of 2025 AND 1 OTHER DR.AMBEDKAR ROAD, BENGALURU-560001. REP. BY ITS GENERAL SECRETARY. 7. HIGH POWER COMMITTEE THIRD FLOOR, VAKEELARA BHAVAN, CITY CIVIL COURT COMPOUND, BENGALURU-560009 REPRESENTED BY ITS CHAIRMAN. 8. THE CHAIRMAN/SECRETARY, NATIONAL COMMISSION FOR SCHEDULE CASTE AND SCHEDULE TRIBE, 5TH FLOOR, LOKANAYA BHAVAN, KHAN MARKET, NEW DELHI-110003 (BY SRI.MOHAMMED JAFFAR SHAH., AGA FOR R1 TO R4 SRI.GIRISH KUMAR R., ADVOCATE FOR R6) ...RESPONDENTS THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE RESPONDENTS TO CONSIDER THE REPRESENTATION DATED 30.01.2025 VIDE ANNEXURE-A TO G.DIRECT THE RESPONDENTS PARTICULARLY 6TH RESPONDENT TO EXTEND THE RESERVATION TO THE SCHEDULE CASTE AND SCHEDULE TRIBE FOR THE POST OF PRESIDENT, VICE PRESENT GENERAL SECRETARY AND GOVERNING COUNCIL POSTS AS PROVIDED UNDER THE KARNATAKA CO- OPERATIVE SOCIETIES ACT, 1959 BY APPLYING THE PROVISION OF RESERVATION MUTATIS MUTANDIS TO THE 6TH RESPONDENT SOCIETY REGISTERED UNDER THE SOCIETIES REGISTRATION ACT AND ETC. - 9 - NC: 2025:KHC:4748 WP No. 2787 of 2025 C/W WP No. 2791 of 2025 WP No. 2904 of 2025 AND 1 OTHER THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE R DEVDAS ORAL COMMON ORDER In all these writ petitions, the petitioners are seeking appropriate directions to the respondents to take necessary steps for providing overall 50% reservation to members of the Bar who belong to Scheduled Castes/Scheduled Tribes and Backward Classes communities, which may also include reservation for Women in the Governing body of the Advocates Association, Bengaluru. Therefore, all these writ petitions were heard together and are being disposed of by this common order. 2. Learned Senior Counsel Sri.M.B.Naragund, leading the arguments on behalf of the petitioners submitted that this Court while considering W.P.No.35836/2024 c/w W.P.No.123/2025, where similar prayer for providing - 10 - NC: 2025:KHC:4748 WP No. 2787 of 2025 C/W WP No. 2791 of 2025 WP No. 2904 of 2025 AND 1 OTHER reservation to the Women Advocates in the Managing Committee, as well as the Governing Body of the Advocates Association Bengaluru, passed an order on 08.01.2025 dismissing the writ petitions on the ground that the plea of the petitioners cannot be accepted and directions cannot be issued to the Association to provide reservation to the Women Advocates, since there was no provision in the bye-laws for providing reservation. Moreover, the decisions cited by the petitioners, having regard to the directions issued by the Hon'ble Supreme Court in the case of FOZIA RAHMAN Vs. BAR COUNCIL OF DELHI & ANR. in Special Leave to Appeal (C) No.24485/2024 dated 19.12.2024 and SUPREME COURT BAR ASSOCIATION Vs. B.D.KAUSHIK, in Misc. Application Daily No.13992/2023 dated 02.05.2024, were rendered invoking the powers under Article 142 of the Constitution of India, which was not available to this Court. - 11 - NC: 2025:KHC:4748 WP No. 2787 of 2025 C/W WP No. 2791 of 2025 WP No. 2904 of 2025 AND 1 OTHER 3. However, learned Senior Counsel submits that the persons aggrieved by the orders passed by this Court filed applications before the Apex Court and the Apex Court passed an order on 24.01.2025 noticing the fact that the regulations of the Association in no express terms barred earmarking or reservation of a post for the women candidates in the Advocates Association. It was noticed that the regulations are completely silent to that effect. The Apex Court therefore held that prima facie, it was of the view that there is no legal impediment against providing adequate reservation to the Women Advocates in the composition of the Governing Council of the Advocates Association Bengaluru. Consequently, directions were issued by the Apex Court to reserve the post of Treasurer in the Advocates Association exclusively for women candidates. The High Power Committee and the Chief Returning Officer were directed to extend the date for inviting nominations and if so required, it further directed that the date of election can also be deferred for a - 12 - NC: 2025:KHC:4748 WP No. 2787 of 2025 C/W WP No. 2791 of 2025 WP No. 2904 of 2025 AND 1 OTHER few days. It was also directed that the High Power Committee and the Chief Returning Officer will also consider the desirability of ensuring that at least 30% elected members of the Governing Council of Advocates Association Bengaluru, are earmarked for Women Advocates. Ultimately, it was directed that the earlier directions issued by the Apex Court in the matter of High Court and District Court Bar Associations in NCT of Delhi shall apply mutatis mutandis in the case of Advocates Association Bengaluru also. 4. Learned Senior Counsel submits that at Annexure ‘E’ dated 24.01.2025, is a notice issued by the High Power Committee, Chairman & Chief Returning Officer that in view of the directions issued by the Hon'ble Supreme Court, the process of election pursuant to the calendar of events dated 08.01.2025 stands suspended and the polling scheduled on 02.02.2024 is cancelled. It was further directed that the decision regarding the continuation/re-scheduling of the election process will be - 13 - NC: 2025:KHC:4748 WP No. 2787 of 2025 C/W WP No. 2791 of 2025 WP No. 2904 of 2025 AND 1 OTHER intimated/published in due course. Thereafter, the Advocates Association Bengaluru issued a communication at Annexure ‘F’ dated 27.01.2025 to the High Power Committee stating that the Association had passed a resolution of the Executive Committee and decided by majority to create an additional post of Treasurer to enable the accommodation of Women Treasurer and further decided to enhance the number of posts Governing the Council to two per unit at the Magistrate, High Court and Mayo Hall and three at the City Civil Unit. It was clearly stated in the communication that this will enable participation of all those who have already filed nominations and were about to go to polls and are campaigning from months, to contest the elections. 5. Learned Senior Counsel submits that during the course of the arguments before this Court in W.P.No.35836/2024 c/w W.P.No.123/2025, Sri Vivek Subba Reddy, the President of the Association, as Senior Counsel had made a statement before this Court that he - 14 - NC: 2025:KHC:4748 WP No. 2787 of 2025 C/W WP No. 2791 of 2025 WP No. 2904 of 2025 AND 1 OTHER was the President of the Association till the term ended on 19.12.2024 and at present, since the term of the Committee had come to an end, he will not be able to make any statement conceding the submissions of the learned Senior Counsels appearing for the petitioners. 6. However, it was also submitted that immediately after the elections are held, such a proposal is put forth before the Association seeking reservation to certain posts in the Managing Committee and the Governing Council, the proposal will be welcomed by the Association. However, contrary to the submissions made before this Court, the President of the Association who had seemingly no such powers, has called for a meeting and it appears that a decision is taken by the Executive Committee and by majority it was decided to create an additional post of Treasurer to enable a Women candidate to be elected to the post of Treasurer and further to enhance the number of posts in the Governing Council, decision was accordingly taken. - 15 - NC: 2025:KHC:4748 WP No. 2787 of 2025 C/W WP No. 2791 of 2025 WP No. 2904 of 2025 AND 1 OTHER 7. Learned Senior Counsel submits that representations were given by the petitioners on 27.01.2025 and 28.01.2025 to the President/General Secretary of the Association, for providing reservation to the Advocates belonging to the Scheduled Castes/Scheduled Tribes and backward class communities in the posts of the office bearers of the Association as well as governing body in the line of reservation provided to Women candidates on rotation basis so as to provide adequate representation to members belonging to the Scheduled Castes/Scheduled Tribes and backward class communities in the present election. However, when a decision was taken in respect of women candidates, the requests made by the petitioners have been ignored and it is not even discussed in the meeting. This, according to the learned Senior Counsel, is in violation of Article 14 of the Constitution of India. 8. Learned Senior Counsel would therefore submit that the subsequent developments pursuant to the - 16 - NC: 2025:KHC:4748 WP No. 2787 of 2025 C/W WP No. 2791 of 2025 WP No. 2904 of 2025 AND 1 OTHER dismissal of the petitions at the hands of this Court, the applications filed before the Hon’ble Supreme Court and the directions issued by the Hon’ble Supreme Court and the postponement of the elections were sufficient reasons enough to the President and General Secretary of the Association to have considered the representations given by the petitioners for providing reservation to the members of the Bar who belong to Scheduled Castes/ Scheduled Tribes and backward class communities. However, nothing is said in the resolution and the communication made to the High Power Committee insofar as the representations given by the petitioners. 9. Learned Counsel Sri Madhukar Deshpande, appearing for some of the petitioners would also submit that when once a decision is taken by the Association to provide for reservation to the women candidates, although there was no such provision in the bye-laws, Association has enabled provision for reservation and therefore, all such reservation provided in the Constitution of India, be it - 17 - NC: 2025:KHC:4748 WP No. 2787 of 2025 C/W WP No. 2791 of 2025 WP No. 2904 of 2025 AND 1 OTHER vertical or horizontal should be provided in the Association. Learned Counsel submits that the respondents, more particularly, the office bearers of the Association should not be now permitted to say anything contrary to the resolution already passed by them. 10. It is also submitted that having regard to the decision of the Hon’ble Supreme Court in the case of the Board of Control For Cricket in India Vs. Cricket Association of Bihar and Others reported in (2015) 3 SCC 251, a body discharging public functions and discharging administrative and not quasi-judicial principles of judicial review will find their application with the same rigour as may be applicable to quasi-judicial functions. Furthermore, any norms/rules/bye-laws etc., enacted by such body will be subject to the same tests and standards as would apply to any similar provision emanating from a statute or the general executive power of the State. It was also held that the question whether or not BCCI is a “State” within the meaning of Article 12 of the Constitution - 18 - NC: 2025:KHC:4748 WP No. 2787 of 2025 C/W WP No. 2791 of 2025 WP No. 2904 of 2025 AND 1 OTHER may not make any material difference, in view of the admitted position that the BCCI does discharge several important public functions which make it amenable to the Writ jurisdiction of the High Court under Article 226 of the Constitution of India. 11. Learned Counsel would therefore submit that it is undisputed that the respondent-Advocates Association Bengaluru is constituted by the members of the Bar and it is receiving substantial funds from the State Government and therefore, the question as to whether the respondent- Association is a State within the Article 12 of the constitution of India, is no more res integra, since earlier too, various directions have been given by this Court in the matter of conducting elections to the Association. 12. Attention of this Court is drawn to the case of K.N. Subbareddy Vs. Advocates Association and Others reported in ILR 2009 Kar 1697, where several directions were issued by this Court in the matter of - 19 - NC: 2025:KHC:4748 WP No. 2787 of 2025 C/W WP No. 2791 of 2025 WP No. 2904 of 2025 AND 1 OTHER conducting elections to the Association. Therefore, this Court is entitled to issue such directions to the Association. 13. Learned Counsel Sri Venkatesh Dodderi, also supported the submissions made by the learned Senior Counsel and Sri Madhukar Deshpande. Learned Counsel submitted that it has been more than 50 years after the Association has been established and at no point of time, any member of the Bar belonging to the Scheduled Castes/Scheduled Tribes or backward class community held the post of office bearer in the Association or was a member of the Governing Council. It is therefore, submitted that it is high time that appropriate reservation is provided in the posts of the office bearers of the Association as well as the Governing Council which would meet the requirement of the Constitution. 14. Learned Counsel Sri. Girish Kumar, who is present in the Court submitted that, he is representing the General Secretary of the Association. It is pointed out from the resolution dated 27.01.2025 and the communication - 20 - NC: 2025:KHC:4748 WP No. 2787 of 2025 C/W WP No. 2791 of 2025 WP No. 2904 of 2025 AND 1 OTHER made by the Association to the High Power Committee, that it does not contain the signature of the General Secretary. Learned Counsel submitted that the General Secretary is not part of the resolution. However, learned Counsel submitted that any directions that would be given by this Court is welcome. 15. On the other hand, a submission is made on behalf of Sri Vivek Subba Reddy, the President of the Association, that he is not available today and is therefore not able to make any submission. 16. Having regard to the grievances raised in these writ petitions, seeking appropriate directions to the Association to provide reservation to the members of the Association belonging to the Scheduled Castes/Scheduled Tribes and backward class community, this Court is required to consider the grievances having regard to the orders pass by this Court in W.P.No.35836/2024 c/w W.P.No.123/2025. It is noticeable that this Court was of the considered opinion that the directions issued by the - 21 - NC: 2025:KHC:4748 WP No. 2787 of 2025 C/W WP No. 2791 of 2025 WP No. 2904 of 2025 AND 1 OTHER Hon'ble Supreme Court in the cases of Fozia Rahman, Supreme Court Bar Association and the High Court and District Court Bar Associations in NCT of Delhi (supra) are directions issued under Article 142 of the Constitution of India. This Court therefore held that such powers cannot be exercised by this Court. It was also noticed in the order passed by this Court that the Hon'ble Supreme Court has already commenced the process of calling for relevant information and data from all the High Court Bar Associations of the country in order to issue suitable directions enabling reservation of certain posts to the women members of the various Bar Associations in the country. Taking cue from the observations made by this Court, applications were filed before the Hon'ble Supreme Court and two orders have been passed by the Hon'ble Supreme Court one on 24.01.2025 and 28.01.2025. It is noticeable that in paragraph No.3 of the order dated 24.01.2025, the Hon'ble Apex Court has held that as regards the directions issued by the Apex Court in the - 22 - NC: 2025:KHC:4748 WP No. 2787 of 2025 C/W WP No. 2791 of 2025 WP No. 2904 of 2025 AND 1 OTHER matter of Fozia Rahman and Supreme Court Bar Association and the High Court and District Court Bar Associations in NCT of Delhi, the powers were indeed exercised by the Apex Court under Article 142 of the Constitution of India. Further, what is noticeable is that even in the order dated 24.01.2025, once again directions have been issued by the Apex Court invoking the powers under Article 142 of the Constitution of India and has issued certain directions to enable reservation of the post of Treasurer in the Advocates Association Bengaluru, exclusively for women candidates. Directions were also issued to the High Power Committee and Chief Returning Officer to extend the date for inviting nominations and if so required, the date of election can also be deferred for a few days. In the meantime, it appears that a resolution was also passed in the Association and the same has been communicated to the High Power Committee. 17. Nevertheless, in the subsequent order dated 28.01.2025, the Apex Court has recorded the submissions - 23 - NC: 2025:KHC:4748 WP No. 2787 of 2025 C/W WP No. 2791 of 2025 WP No. 2904 of 2025 AND 1 OTHER made by the learned Senior Counsel representing the interveners, that while the post of Treasurer will remain exclusively earmarked for women candidates, the Advocates Association seeks to create one additional post to enable the male candidates, who had filed their nomination for the post of Treasurer, to shift to the newly created post or any other post. Again in paragraph No.6, the Hon'ble Apex Court has held that having regard to the fact that the order dated 24.01.2025 came to be passed only a few days before the scheduled date of election and in the meanwhile, the general body of the Advocates Association Bengaluru, did not have sufficient time to meet and create additional posts, the Apex Court once again deemed it appropriate to invoke powers under Article 142 of the Constitution and issued additional directions to create one more post of Vice President and it was directed that the same shall be deemed to have been created in the Advocates Association Bengaluru, to be filled through - 24 - NC: 2025:KHC:4748 WP No. 2787 of 2025 C/W WP No. 2791 of 2025 WP No. 2904 of 2025 AND 1 OTHER the ensuing elections. Various other directions have also been issued by the Hon’ble Apex Court. 18. The Hon'ble Supreme Court has clearly held in its orders that all directions issued by it have been under Article 142 of the Constitution of India. This Court has to once again reiterate the same finding that this Court will not be in a position to issue such directions to enable reservation for few of the posts in the office bearers or the Governing Council to the members of the Association belonging to the Scheduled Castes/Scheduled Tribes and backward classes communities. If at all such a direction can be issued, it can only be at the hands of the Hon’ble Apex Court, which may invoke the extraordinary powers under Article 142 of the Constitution of India. 19. This Court refrains from making any comments on the resolution said to have been passed on 27.01.2025. If the petitioners are entitled to take any benefit of the resolution, it can do so and approach the Hon’ble Supreme - 25 - NC: 2025:KHC:4748 WP No. 2787 of 2025 C/W WP No. 2791 of 2025 WP No. 2904 of 2025 AND 1 OTHER Court to seek necessary directions for reservations as prayed for in these writ petitions. 20. With these observations, the writ petitions are
Decision
disposed of. 21. In view of the disposal of the writ petitions, all pending I.As., do not survive for consideration and accordingly, the same stand disposed of. Sd/- (R DEVDAS) JUDGE DL/JT CT: JL