Writ Petition No. 35836 of 2024 · The High Court
Case Details
- 1 - NC: 2025:KHC:521 WP No. 35836 of 2024 C/W WP No. 123 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 35836 OF 2024 (GM-RES) WRIT PETITION NO. 123 OF 2025 (GM-RES) C/W IN WP No. 35836/2024 BETWEEN: MS. DEEKSHA N AMRUTHESH D/O AMRUTHESH. N. P., AGED ABOUT 26 YEARS, ADVOCATE, HIGH COURT, R/O NIDTHA MANE, 28, 10TH MAIN, J.C. NAGAR, KURUBARAHALLI, BENGALURU - 560086. Digitally signed by DHARMALINGAM Location: HIGH COURT OF KARNATAKA (BY SMT. LAKSHMI IYENGAR., SR. COUNSEL A/W SRI. AMRUTHESH N P., ADVOCATE) …PETITIONER AND: 1. STATE OF KARNATAKA VIDHANA SOUDHA, DR. AMBEDKAR ROAD, BENGALURU 560001. 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 560001. - 2 - NC: 2025:KHC:521 WP No. 35836 of 2024 C/W WP No. 123 of 2025 3. REGISTRAR, DEPT. OF CO-OPERATION SOCIETIES, GOVERNMENT OF KARNATAKA, 1, ALI ASKER ROAD, VASANT NAGAR, BENGALURU 560052. 4. JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, BENGALURU DIVISION, NO 146, 8TH CROSS, 3RD MAIN ROAD, MARGOSA ROAD, MALLESHWARAM, BENGALURU 560003. 5. KARNATAKA STATE BAR COUNCIL, OLD ELECTION COMMISSION BUILDING, NEXT TO PRESS CLUB, DR. AMBEDKAR ROAD, BENGALURU - 560 001. REP. BY ITS SECRETARY
Legal Reasoning
6. ADVOCATES' ASSOCIATION, BENGALURU VAKEELARA BHAVANA, CITY CIVIL COURT COMPOUND, BEHIND CAUVERY BHAVAN, K.G. ROAD, BENGALURU - 560001. ALSO AT HIGH COURT BUILDING, DR. AMBEDKAR ROAD, BENGALURU 560001. REP. BY ITS GENERAL SECRETARY. …RESPONDENTS
Legal Reasoning
(BY SRI.MOHAMMED JAFFAR SHAH., AGA FOR R1 TO R4 SRI. G.NATARAJ., ADVOCATE FOR R5 SRI. VIVEK SUBBAREDDY., SR.COUNSEL FOR SRI. GIRISH KUMAR.R., ADVOCATE FOR R6 SRI. NAVEEN CHANDRA .V. & SRI. H.V.BHANU PRAKASH., ADVOCATES FOR IMPLEADING APPLICANTS) THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE RESPONDENTS, PARTICULARLY THE R6 ADVOCATES ASSOCIATION BENGALURU R (AAB), TO CONSIDER THE - 3 - NC: 2025:KHC:521 WP No. 35836 of 2024 C/W WP No. 123 of 2025 PETITIONERS REPRESENTATION DATED 23/12/2024, VIDE ANN- C AND D SERIES, AND OTHER SIMILAR REPRESENTATIONS SUBMITTED BY MEMBERS ADVOCATING FOR GENDER - BASED RESERVATIONS AND THEREBY RESERVE AND IMPLEMENT THE 33 PERCENT RESERVATION FOR WOMEN IN THE FORTHCOMING ELECTIONS OF THE RESPONDENT ASSOCIATION AND ETC. IN WP NO. 123/2025 BETWEEN: 1. KARNATAKA FEDERATION OF WOMEN LAWYERS A SOCIETY REGISTERED UNDER THE KARNATAKA SOCIETIES REGISTRATION ACT 1960 HAVING ITS ADDRESS AT LADIES ROOM, HIGH COURT BUILDING, AMBEDKAR VEEDHI, BANGALORE- 560001 REPRESENTED BY ITS PRESIDENT SMT. SANDHYA B. MADINUR 2. SMT. SANDHYA B. MADINUR PRESIDENT KARNATAKA FEDERATION OF WOMEN LAWYERS AGED ABOUT 69 YEARS, W/O BASAVAREDDY Y MADINUR R/A NO.11, BANDHVYA HUDCO COLONY, HOSPET ROAD, KOPPAL-583231 (BY SMT. JAYNA KOTHARI., SR. COUNSEL FOR SRI. NAVEEN CHANDRA. V., ADVOCATE) ...PETITIONERS AND: 1. STATE OF KARNATAKA VIDHAN SOUDHA, DR. AMBEDKAR ROAD, - 4 - NC: 2025:KHC:521 WP No. 35836 of 2024 C/W WP No. 123 of 2025 BENGALURU-560001. REP. BY ITS CHIEF SECRETARY 2. STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION, ROOM 610, 6TH FLOOR, 3RD GATE, MS BUILDING, BENGALURU-560001 REP. BY ITS PRINCIPAL SECRETARY 3. REGISTRAR OF CO-OPERATIVE SOCIETIES, GOVERNMENT OF KARNATAKA, 1, ALI ASKER ROAD, VASANT NAGAR, BENGALURU-560052 REP. BY ITS REGISTRAR 4. JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, BENGALURU DIVISION, NO 146, 8TH CROSS 3RD MAIN ROAD, MARGOSA ROAD, MALLESHSWARAM, BENGALURU-560003 5. ADVOCATES' ASSOCIATION, BENGALURU, A SOCIETY REGISTERED UNDER THE KARNATAKA SOCIETIES REGISTRATION ACT 1960 'VAKEELARA BHAVANA' CITY CIVIL COURT COMPOUND, BEHIND CAUVERY BHAVAN, K.G. ROAD, BENGALURU-560001. ALSO, HO AT THE HIGH COURT BUILDING, BENGALURU- 560001. REP. BY ITS GENERAL SECRETARY. ...RESPONDENTS (BY SRI. MOHAMMED JAFFAR SHAH., AGA FOR R1 TO R4 SRI. VIVEK SUBBAREDDY., SR.COUNSEL FOR SRI. GIRISH KUMAR.R., ADVOCATE FOR R5) - 5 - NC: 2025:KHC:521 WP No. 35836 of 2024 C/W WP No. 123 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS, PARTICULARLY THE RESPONDENT NO.5, ADVOCATES ASSOCIATION BENGALURU (AAB), TO RESERVE AND IMPLEMENT THE DIRECTIONS OF THE HONBLE SUPREME COURT DATED 02.05.2024 (SCBA VS. B.D. KAUSHIK) AND 19.12.2024 (FOZIA RAHMAN VS. BAR COUNCIL OF DELHI) AT ANNEXURE-B AND ANNEXURE-D AND PROVIDE 33 PERCENT RESERVATION FOR WOMEN IN THE RESPONDENT NO.5 ADVOCATES ASSOCIATION BENGALURU GOVERNING BODY, INCLUDING BOTH OFFICE BEARERS AND EXECUTIVE MEMBERS AND ETC. THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE R DEVDAS ORAL ORDER Both these writ petitions raise a common ground seeking directions to the 6th respondent – Advocates’ Association, Bengaluru and the High Power Committee, which was constituted by this Court for the purpose of conducting the elections to the 6th respondent - Association, for providing reservation for the women advocates and - 6 - NC: 2025:KHC:521 WP No. 35836 of 2024 C/W WP No. 123 of 2025 members of the association in the Governing Council and the Executive Committee of the Association. Therefore, both these writ petitions were clubbed, heard together and are
Decision
being disposed of by this common order. 2. Learned Senior Counsels Smt. Lakshmi Iyengar and Smt. Jayna Kothari have made submissions on behalf of the petitioners. Essentially 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) Nos.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, the learned Senior Counsels submit that the Hon’ble Supreme Court has thought it fit to issue directions in both those cases to provide reservation for women members of the Bar. Learned Senior Counsels submit that in the case of Delhi Bar Council which arose from (WP(C) 10363/2021) from the High Court of Delhi, the Delhi High Court thought it fit to postpone the elections - 7 - NC: 2025:KHC:521 WP No. 35836 of 2024 C/W WP No. 123 of 2025 that were due to the Delhi High Court Bar Association, where similar plea were raised for providing reservation to the women lawyers in the posts of office bearers of the Association. Consequently, directions were issued by the Hon’ble Supreme Court in FOZIA RAHMAN (supra) to provide reservation to one post of Treasurer, exclusively for women candidates; one post of the members of Executive Committee, who are elected amongst Senior Designated Advocates; one post of Executive Member in the category of Advocates having 25 years of practice etc. It was pointed out that as the facts obtained in the present scenario where directions have been issued by this Court in the connected writ petitions for conducting the elections to the Bar Association, similarly in the case of Delhi Bar Council also the elections were due and underway. Nevertheless, both the High Court of Delhi as well as the Supreme Court thought it fit to issue directions to enable the elections to be held while providing reservation to the women advocates and members of the Association. Therefore, both the learned Senior Counsels submit that although a time frame - 8 - NC: 2025:KHC:521 WP No. 35836 of 2024 C/W WP No. 123 of 2025 has been fixed by this Court in the connected writ petitions to hold elections to the Advocates’ Association, Bengaluru, nevertheless it would not preclude this Court from issuing necessary direction as was done in the case of Delhi Bar Association (WP(C) 10363/2021) Delhi High Court. 3. Per contra, learned Senior Counsel Sri Vivek Subbareddy, appearing for the Association submitted that the orders and directions issued by the Hon’ble Supreme Court would stem from the Article 142 of the Constitution of India and such directions cannot be issued by this Court. It is submitted that unless the Bye-laws provide for such reservation, directions cannot be issued to the Association or the Election Officer to provide reservation to the women advocate members of the Association. Learned Senior Counsel would submit that the term of the present Managing Committee and the Governing Council has come to an end on 19.12.2024 and when the term of the previous committee and Governing Council has come to an end, no statement can be made on behalf of the Association to - 9 - NC: 2025:KHC:521 WP No. 35836 of 2024 C/W WP No. 123 of 2025 provide such reservation to the women advocates in the ensuing elections. Learned Senior Counsel would fairly submit that though he was the President of the Association till the term ended on 19.12.2024, at present since the term of the committee has come to an end, he will not be able to make any statement conceding the submission of the learned Senior Counsels appearing for the petitioners, though personally he will be willing to welcome such a request made by the women advocates of the Bar Association. Learned Senior counsel submits that the request made by the women advocates and members of the Association, can be considered immediately after the elections are held and such a proposal will be put forth in the Association and suitable amendments will be sought to the Bye-laws of the Association enabling reservation to certain posts in the Managing Committee and the Governing Council. However, at this stage when there is no provision for reservation in the Bye-laws of the Association, neither can the petitioners seek such direction at the hands of this Court nor can the Association make any concession before - 10 - NC: 2025:KHC:521 WP No. 35836 of 2024 C/W WP No. 123 of 2025 this Court to provide reservation to any of the posts in the ensuring election. 4. Having heard the learned Senior Counsel for the petitioners, learned Senior Counsel for the respondent - Advocates Association, Bengaluru and on perusing the petition papers, this Court is of the considered opinion that the directions issued by the Hon’ble Supreme Court in the decisions cited by the learned Senior Counsels appearing for the petitioners are directions issued under Article 142 of the Constitution of India. Such powers cannot be exercised by this Court. Moreover, this Court finds 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 Association in the country. The submission made by the learned counsel for the petitioners that in the case of Delhi Bar Association, (supra) the Delhi High Court postponed holding of elections - 11 - NC: 2025:KHC:521 WP No. 35836 of 2024 C/W WP No. 123 of 2025 and therefore this Court should issue such directions postponing the elections cannot be accepted, for the simple reason that in the case of Delhi Bar Association, (Supra) when the writ petitions were pending before the High Court of Delhi, SLPs were filed before the Hon’ble Supreme Court and Supreme Court had issued certain interim directions. That is not the scenario in the present case. 5. During the course of the proceedings in the connected writ petitions certain directions were issued by this Court and accordingly it is submitted at the Bar that the final voters list were published on 02.01.2025 and calendar of events have been issued today. It was therefore submitted that the code of conduct has come into operation from 02.01.2025 and having regard to the settled position of law as declared in N.P.Ponnuswami Vs. Returning Officer, Namakkal Constituency and Others – 1952 SCR 218, no courts can pass any orders which would cause any interference in the process of election. It is also a settled position of law that such a law declared by the - 12 - NC: 2025:KHC:521 WP No. 35836 of 2024 C/W WP No. 123 of 2025 Hon’ble Supreme Court is also applicable to the elections held to Societies and Associations. Under such circumstances, it would be impermissible for this Court to issue any directions to the Election Officers or the High Power Committee, which was installed by this Court for the purpose of conducting elections to the Advocates’ Association, Bengaluru to provide reservation to certain posts in the Managing Committee or the Governing Council, without there being any such provisions in the bye-law. 6. On the other hand, it may be open for the petitioners to approach the Hon’ble Supreme Court and seek necessary directions, since the Hon’ble Supreme Court in its order dated 19.12.2024 in FOZIA RAHMAN (supra) has already initiated action to collect the relevant information and data from all the High Court Bar Associations of the country, for the purpose of considering as to whether such directions could be issued to all the Bar Association in the country. The elections are required to be held to the respondent Association on 02.02.2025, in terms of the - 13 - NC: 2025:KHC:521 WP No. 35836 of 2024 C/W WP No. 123 of 2025 directions issued by this Court. Therefore, at this juncture, the request made on behalf of the petitioners cannot be accepted or conceded. 7. With these observations, the writ petitions are dismissed. KLY CT: JL Sd/- (R DEVDAS) JUDGE