The Karnataka High Court has rejected a plea seeking SC/ST and OBC reservations in the Advocates Association Bengaluru elections. Justice R Devdas ruled that the court cannot grant relief under Article 226 of the Constitution. He advised the petitioners to approach the Supreme Court for further action. The decision upholds the existing election framework for the association.
Bengaluru: The Karnataka High Court dismissed two petitions on Saturday that sought reservations for candidates from the Scheduled Castes, Scheduled Tribes (SC/ST), and Other Backward Classes (OBC) in the governing council of the Advocates Association, Bengaluru (AAB).
Justice R. Devdas rejected the petitions filed by the All India Backward Classes Advocates Foundation and the Karnataka SC/ST Backward Classes and Minorities Advocates Federation, advising the petitioners to take their appeals to the Supreme Court.
The petitioners argued for parity based on a recent Supreme Court ruling that mandated AAB to reserve at least 30 percent of its governing council seats for women lawyers. However, the High Court pointed out that the Supreme Court had made such a ruling under Article 142 of the Constitution.
Since the current bye-laws of AAB do not include provisions for caste-based reservations in elections, the High Court stated it could not exercise its powers under Article 226 to issue similar directives as those given by the Supreme Court for women’s representation.
Noting that while AAB has provisions for women’s reservations, it has never had SC/ST/OBC office bearers.
Justice Devdas remarked,
“The Advocates Association, Bengaluru is a body that has members from the Bar and also receives funds from the State,”
The Court acknowledged the petitioners’ argument that if AAB can implement reservations for women, it should consider extending similar provisions for SC/ST and OBC candidates.
However, it refrained from commenting on AAB’s resolutions regarding the Supreme Court’s directive, suggesting that if the petitioners feel entitled to similar benefits, they should approach the Apex Court.
On January 24, the Supreme Court ordered AAB to ensure that at least 30 percent of its governing council seats are reserved for women lawyers and directed that the post of treasurer be exclusively reserved for women candidates.
The Advocates Association Bengaluru (AAB) is a prominent professional organization for lawyers in Bengaluru, Karnataka. It serves as a platform for advocates to voice their concerns, enhance their professional development, and address legal issues impacting their practice.
The AAB is involved in various initiatives, including organizing educational events, providing support to its members, and engaging in activities that promote justice and legal reforms.