Karnataka High Court
Smt Mohanakumari K R vs State Of Karnataka on 24 March, 2025
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
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WP No. 8186 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
R
DATED THIS THE 24 DAY OF MARCH, 2025
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
WRIT PETITION NO. 8186 OF 2025 (GM-KSR)
BETWEEN:
1. SMT. MOHANAKUMARI K.R.,
D/O RUDRAIAH
AGED ABOUT 42 YEARS
R/AT: KESTUR VILLAGE, KORA HOBLI
TUMAKURU TALUK,
TUMAKURU DISTRICT - 572 138.
2. SEVAPRIYA J.S.,
W/O RENUKA ARADHYA
AGED 37 YEARS
R/AT: SRI MANJUNATHA NILAYA
SRI KRISHNA NAGAR
7TH CROSS, BH ROAD,
BEHIND SP OFFICE, TUMAKURU
Digitally signed TUMAKURU DISTRICT - 572 103.
by NAGAVENI
Location: High
Court of 3. KATYAYANI H.B.,
Karnataka
W/O S.N.MAHESH
AGED ABOUT 44 YEARS
R/AT: SOREKUNTE AT POST
BELLAVI HOBLI,
TUMAKURU TALUK
TUMAKURU DISTRICT - 572 128.
4. REKHARAJ
W/O RAJARATNA
AGED ABOUT 47 YEARS
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WP No. 8186 of 2025
R/AT: 10TH CROSS, ASHOKA NAGAR
TUMAKURU - 572 103.
5. SHAHJABI.M.,
W/O EHJAZ AHMED
AGED ABOUT 63 YEARS
R/AT: RUDRESH BUILDING
HORPETE CIRCLE, HORPETE
TUMAKURU - 572 101.
6. SHWETHA M.S.,
W/O MOSAS ARON
AGED ABOUT 34 YEARS
R/AT: SHETTYHALLI MAIN ROAD
MARUTHY NAGAR
TUMAKURU - 572 114.
7. SUMA K.M.,
D/O MANJAPPA
AGED ABOUT 28 YEARS
R/AT: KEREHOSHALLI AT POST
HOSDURGA TALUK
CHITRADURGA DISTRICT - 577 527.
8. KRUTHIKA B.K.,
D/O B.A. NARAYANASWAMY
AGED ABOUT 24 YEARS
R/AT: NO.86, BEHIND
KARNATAKA BANK ATM
ANTHARASANALLI,
MADAGERI ROAD
TUMAKURU - 572 106.
...PETITIONERS
(BY SMT. VIDYASHREE K.S., ADVOCATE A/W
SRI PRATEEK CHANDRAMOULI, AND
SMT.SURABHI C., ADVOCATES)
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WP No. 8186 of 2025
AND:
1. STATE OF KARNATAKA
VIDHANA SOUDHA
DR. B.R.AMBEDKAR ROAD
BENGALURU - 560 001
REPRESENTED BY ITS
CHIEF SECRETARY.
2. THE PRINCIPAL SECRETARY
DEPARTMENT OF COOPERATION
GOVERNMENT OF KARNATAKA
ROOM 610, 6TH FLOOR, 3RD GATE
M.S. BUILDING, BENGALURU - 560 001.
3. REGISTRAR
DEPARTMENT OF COOPERATION SOCIETIES
GOVERNMENT OF KARNATAKA
NO.1, ALI ASKER ROAD, VASANTH NAGAR
BENGALURU - 560 052.
4. JOINT REGISTRAR OF COOPERATIVE SOCIETIES
BENGALURU DIVISION
NO.146, 8TH FLOOR, 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
REPRESENTED BY ITS SECRETARY.
6. TUMAKURU DISTRICT ADVOCATES ASSOCIATION
REGISTERED UNDER CO-OPERATIVE SOCIETY
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WP No. 8186 of 2025
REGISTRATION ACT, 1959.
VAKEELARA BHAVANA
DISTRICT COURT COMPOUND
TUMAKURU - 572 101
REPRESENTED BY ITS
GENERAL SECRETARY.
...RESPONDENTS
(BY SRI MOHAMMED JAFFAR SHAH, AGA FOR R-1 TO R-4;
SRI T.P.VIVEKANANDA, ADVOCATE FOR R-5;
SRI R.S.RAVI, SR.ADVOCATE FOR
SRI H.V.PRAVEEN GOWDA, ADVOCATE FOR R-6)
THIS WP IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-6
ASSOCIATION TO IMPLEMENT 33 PERCENT RESERVATION FOR
WOMEN IN THE UPCOMING ELECTIONS SCHEDULED FOR
05.04.2025 IN LINE WITH THE JUDGMENT OF THE HON'BLE
SUPREME COURT IN SPECIAL LEAVE TO APPEAL (C) NO.
1404/2025 VIDE ANNX-D; SET ASIDE THE IMPUGNED
DECISION OF THE R-6 ASSOCIATION DTD. 17.03.2025 AT
ANNX-A KEEPING IN ABEYANCE THE PETITIONERS' REQUEST
FOR 33 PERCENT RESERVATION.
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA
ORAL ORDER
The petitioners are Advocates practicing in Tumkur
District and are members of the Tumkur District Bar
Association. On 14-03-2025, the Tumkur District Bar
Association notifies calendar of events for conduct of elections
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to the office bearers of the Association for the years 2025-26
and 2026-27. Filing of nomination papers as per the calendar of
events was to be between 22-03-2025 and 25-03-2025. The
subject petition is preferred on 19-03-2025 by the members of
the Bar Association of Tumkur District, on the score that they
are entitled to 33% of posts to be reserved for women.
According to the averment in the petition, the Tumkur Bar
Association has 1220 voting members, out of which 230 are
women members. In that light, the demand is for reservation of
33% of the total posts in the Association to be reserved for
women. Claiming such reservation, the petitioners have
presented the present petition.
2. Heard Smt Vidyashree K S along with Sri Prateek
Chandramouli and Smt Surabhi C, learned counsel appearing
for petitioners; Sri Mohammed Jaffar Shah, learned Additional
Government Advocate appearing for respondents 1 to 4,
Sri T. P. Vivekananda, learned counsel for respondent No.5
and Sri R S Ravi, learned senior counsel for Sri H V Praveen
Gowda, learned counsel appearing for respondent No.6.
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3. The learned counsel for the petitioners
Smt. Vidyashree K. S. would vehemently contend that in the
light of the strength of women members, out of the total
members of Tumkur Bar Association, the women members are
clearly entitled to have the reservation of 33%. She places
reliance upon the order passed by the Apex Court in the case of
DEEKSHA N. AMRUTHESH v. STATE OF KARNATAKA -
S.L.P.No.1404 of 2025 decided on 28-01-2025 which arose out
of a final order passed by this Court in Writ Petition 35836 of
2024. It is her emphatic submission that though the Apex Court
has passed the order under Article 142 of the Constitution of
India, the reasons so rendered for passing the said order would
become binding on every Association in the country. The
learned counsel would submit that a request was made by the
petitioners for reservation as aforesaid. It comes to be rejected
as, one post of Executive Member is already reserved for
women and any other decision to be taken should be by a
Committee upcoming. Since the present committee is outgoing,
it has been rejected. The learned counsel submits that this is
arbitrary and the direction of the Apex Court entitles such
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reservation to all the posts in the Association to the tune of
33%.
4. Learned senior counsel Smt Lakshmi Iyengar and
Smt Nalina Mayegowda who have appeared for the petitioners
in SLP No.1404 of 2025 appeared and submitted that the Apex
Court today i.e., 24-03-2025 has directed all the Associations in
the State to follow what the Apex Court had on 28-01-2025. It
is their submission that the Apex Court observes that there can
be no change to any Association with regard to reservation of
the post Treasurer in favour of women, apart from any other
reservation that is already available or being provided.
5. Per contra, the learned counsel appearing for the 5th
and 6th respondents would all in unison contend that a
reservation to be now thought of, there must be an amendment
to the Bye-laws. The demand has come at the eleventh hour. It
could not be entertained and the order passed by the Apex
Court is not binding, as it is an order under Article 142 of the
Constitution of India. In all, they would seek dismissal of the
petition for the present or would accept any direction to be
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given in future. The aforesaid was the submission made by the
learned senior counsel for respondent No.6 on 21-03-2025.
Today, the learned senior counsel would accede that a post of
Joint Secretary would be created and would be exclusively for
women candidates, apart from a Joint Secretary already
available for the men. He would submit that 2 posts of
Executive Members also would be reserved for women. He
would submit that the Court permit the elections to be held
accordingly.
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. The issue
at this juncture lies in a narrow compass. The figures that are
quoted of women Advocates in Tumkur Bar Association is a
matter of record. Out of 1220 of the total members, 230
members are women which is more than 20%. The elections to
the office bearers of Tumkur Bar Association/6th respondent is
notified by drawing up calendar of events. Elected body will
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have a tenure of two years. The petitioners/women members of
the Association submit a letter to the Election Officer and the
President of the Tumkur Bar Association requesting reservation
of 33% of the total existing posts in favour of women. The
Association relied on the order passed by the Apex Court on
28-01-2025. The request comes to be rejected by the 6th
respondent on the ground that there is already one post
reserved for women in the Executive Committee. Therefore,
any further decision will have to be taken in future.
8. Identical plea was projected before this Court at the
time when the Association elections were to be held for the
Advocates' Association, Bangalore. The plea comes to be
rejected by a coordinate Bench of this Court holding that it was
too late in the day for a demand of the kind and, therefore, the
women members of the Bangalore Bar challenged the said
order before the Apex Court. The Apex Court in the case of
DEEKSHA N. AMRUTHESH supra passed the following order:
"1. On an oral mentioning being made by learned
counsel for the applicant(s), I.A. No. 23659/2025 in
SLP(C)No. 1404/2025 is taken on Board with other
Interlocutory Applications.
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2. These applications for intervention are at the
instance of Girish Kumar C.S., Vivek Subba Reddy, Santosh
TC, Vivek Subba Reddy and Muniyappa Gowda. They seek
modification of the order dated 24.01.2025, in terms
whereof the post of `Treasurer' in the Advocates'
Association, Bengaluru has been exclusively earmarked 3
for women candidates and, in addition, their 30%
representation in the Governing Council has also been
provided.
3. The applicants have pointed out that some of
them (male advocates) have already filed nominations for
the post of `Treasurer' for the coming election.
4. We have heard S/Shri Kapil Sibal, learned Senior
Counsel and other learned Senior Counsel representing the
intervenors as well as the Advocates' Association,
Bengaluru besides the learned Senior Counsel, representing
the women members of the Bar.
5. During the course of hearing, Shri Kapil Sibal,
learned Senior Counsel, representing the intervenors, fairly
states that while the post of `Treasurer' will remain
exclusively earmarked for the women candidates, the
Advocates' Association seeks to create one additional post
to enable the male candidates, who are in the race for the
post of `Treasurer', to shift to that newly created post or
any other post.
6. 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, meanwhile, the General
Body of the Advocates' Association, Bengaluru don't have
sufficient time to meet and create additional posts, we
deem it appropriate to invoke our powers under Article 142
of the Constitution and issue the following additional
directions in continuation of the order dated 24.01.2025:
(i) One more post of `Vice-President' shall be
deemed to have been created in the
Advocates' Association, Bengaluru to be filled
through the ensuing elections.
(ii) The male candidates, who have filed
nominations for the post of `Treasurer',
namely, the post which is now exclusively
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earmarked for the women candidates,
shall be granted one opportunity either to
switch over their nominations from the
post of `Treasurer' to the newly created
post of `Vice-President' and/or any other
than the post of `Treasurer'. It goes
without saying that those who do not
want to contest will be at liberty to
withdraw their nominations.
(iii) Similarly, in the light of 30% post of
Councilors having been exclusively
earmarked for the women candidate, the
strength of Councillors is ordered to be
increased as follows:
(a) City Civil Court: 12+3 = 15
(b) Mayo Hall: 5+2 = 7
(c) Magistrates' Court: 5+2 = 7
(d) High Court: 7+2 = 9
7. The High-Powered Committee and the Chief
Returning Officer shall conduct the elections
accordingly, keeping in view the increased strength
of office bearers and Councillors of the Governing
Council.
8. It will be appreciated if the election process can be
concluded within three weeks.
9. The nominations for the newly created post of
`Vice President' of the Advocates' Association, for the post
of `Treasurer' of the Advocates' Association and for the
newly added posts of `Councillors' of the Governing
Council, be invited within one week.
10. Wherever the Regulations governing the
elections to different posts of Advocates' Association,
Bengaluru provide minimum eight years' or any other
experience at Bar as an eligibility condition for contesting
election, such eligibility condition shall be adhered to.
11. The order dated 24.01.2025 stands
clarified/modified to the extent indicated above.
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12. The applications stand disposed of in the above
terms.
13. Tag with SLP (C) No.1910/2025."
(Emphasis supplied)
The Apex Court, by invoking its power under Article 142 of the
Constitution, issued certain directions as afore-quoted. The
direction was that one post of Vice-President is deemed to be
created in the Advocates' Association to be filled in the ensuing
elections. The male candidates who have filed their nomination
to the Treasurer's post which is now earmarked for women
candidate shall be granted one opportunity to switch over from
the Treasurer post to the newly created post of Vice-President.
The High-Power Committee and the Chief Returning Officer was
to conduct elections keeping in view the directions. Therefore,
elections to the Bangalore Advocates' Association was held in
tune with the order passed by the Apex court and the post of
Treasurer is now held by a Women Advocate.
9. It also becomes germane to notice the genesis of the
demand of women members of Supreme Court Bar Association.
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The Supreme Court, in the case of SUPREME COURT BAR
ASSOCIATION v. B.D. KAUSHIK1 directed as follows:
".... .... ....
3. In this regard, we have heard various senior
members/members the Bar. We are of the view that the
SCBA is a premier institution and is an integral part of the
highest judicial forum the country. The norms, eligibility
conditions, membership, membership fee structure etc.,
cannot remain static for decades and timely reforms to
meet with the challenges that may confront the institution
from time to time, are required to be carried out.
However, such reforms need to be brought after due
consideration of the suggestions from the members of the
Bar. In fact some suggestions have been invited from the
members of the Bar, including the office bearers of the
Supreme Court Executive Committee vide our order dated
14.08.2023. The relevant part whereof reads as follows:
"1. In deference to the previous orders including
dated 10.07.2023, Mr. Vikas Singh, learned senior
counsel has given certain suggestions.
2. Copy of the same be given to Dr. Adish
Aggarwala, learned Senior Advocate and President
of the Supreme Court Bar Association.
3. We have impressed upon Dr. Adish Aggarwala
and the other members of the Bar Association to
submit their respective suggestions and/or the
modalities to be followed for further reforms in the
election process of the Bar Association. The
suggestions may be submitted within eight weeks.
4. Post the matter on 30.10.2023."
4. We, thus, direct that:
(i) The Executive Committee of the SCBA shall
invite suggestions from all the members of the Bar
through a public notice in its website. All such
Miscellaneous Application - Diary No.13992 of 2023 decided on 2-
05-2024
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suggestions may be invited by 19.07.2024. Such
suggestions may be in digital form or through hard
copy.
(ii) Some of the suggestions which have
already been brought by senior members/members
of the Bar will also taken as part of those
suggestions.
(iii) The Executive Committee of the SCBA
shall compile all the suggestions received from
members of the Bar and place it on record. Such
suggestions will also be then displayed on the
website inviting cross-suggestions, if any, which
shall be received by 09.08.2024.
5. We propose to give a time bound audience to
some of the members of the Bar in representative
capacity before taking a final call on the suggestions that
may be received.
6. We are, however, of the view that
notwithstanding any resolution passed by the
Special General Body of SCBA, some of the posts in
the Executive Committee must be reserved for
women members of the Bar. We, accordingly, direct
that hitherto including for the ensuing election
there shall be reservation for women members of
the Bar to the following effect:
(i) Minimum of 1/3rd seats in the Executive
Committee i.e., 3 out of 9.
(ii) Minimum 1/3rd out of the Senior Executive
Members i.e., 2 out of 6.
(iii) At least one post of the Office Bearer shall
be reserved for women candidate exclusively
by turn and on rotation basis.
iv) In the ensuing election for 2024-2025, the
post of Treasurer of the Executive Committee
is reserved for women."
(Emphasis supplied)
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Thus, the Apex Court has, in the afore-quoted orders, directed
reservation of 30% for women in the Bar Association Elections.
Today, the Apex Court has directed that the order dated
28-01-2025 will mutatis mutandis apply to all District Court Bar
Associations. The post of Treasurer is to be reserved for
women and 30% of the seats in the Governing Body would also
be reserved to the women candidates. Each Bar Association is
directed to submit a compliance report to the respective District
and Sessions Judge. With the aforesaid order, the contention
of the learned senior counsel for respondent No.6 that the
order is passed under Article 142 of the Constitution and would
not be binding on the High Court to pass an order, pales into
insignificance. Therefore, elections to any Association
Today, Tomorrow and hereafter, shall be in strict
compliance with what the Apex Court has directed,
which would mean that the post of Treasurer will always
be reserved to a woman and women candidates will have
30% of the seats in the Governing Body reserved for
them.
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10. The issue is concerning reservation for women to the
tune of 30%. The Constitution of India depicts equality in terms
of the Article 14 of the Constitution, therefore, laws apply
equally to all. Article 15 of the Constitution inter alia, prohibits
discrimination on the basis of gender. Therefore, women
cannot be discriminated on the said basis. If the two are read
in tandem, the inescapable conclusion is that women would
become entitled to equal treatment and non-discrimination.
11. It was hitherto argued by the men who manned
the Association that there was no hurry and it could be
gradually done by bringing in amendment to the
byelaws. This would, on the face of it, become
unacceptable, as it is high time that the office bearers of
the Bar Associations, stop taking the tranquilizing
medicine of gradualism and begin to act in providing
reservation to women, beginning today, as it is not only
morally compelling, but legally expedient to render equal
right to women qua their representation in every Bar
Association. Every Bar Association I mean, the Bar
Association of Bangalore, Bar Associations of benches at
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Dharwad and Kalaburagi and every district Bar
Associations. Those Bar Associations shall bring in such
amendment to their byelaws, in accordance with the
direction of the Apex Court and the observations made in
the course of this order, without brooking any delay and
elections ensuing in any of the Bar Associations, be it at
the benches at Dharwad and Kalaburagi, shall take place
only in accordance with the reservation for women, as
observed hereinabove.
12. This should result in dismantling the
Associations which were hitherto considered the bastion
of the male, or the old men's club, as it is often referred
to, not with resentment, but with resolve.
A women, in no sphere, should ever lament that
they are half the world and do not have even half the
chance.
13. For the aforesaid reasons, the following:
ORDER
(i) The Writ Petition is allowed.
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(ii) Mandamus issues to the Secretary of the 5th and 6th
respondent Associations to notify the post of
Treasurer to be reserved for women, in the ensuing
elections, apart from the reservation of 2 posts in
the Governing Body for women.
(iii) The Returning Officer shall redraw the calendar of
events accordingly and renotify the same.
(iv) The elections, in the light of what is aforesaid, shall
be concluded within one month from today.
(v) The Registry of the Principal Bench is directed to
circulate this order to the Registry of the benches at
Dharwad and Kalaburagi, for strict implementation,
in elections ensuing to the respective Associations
at the benches at Dharwad and Kalaburagi, if any or
at any time.
(vi) Copy of this order shall be furnished to the Principal
District Judges of all the districts for strict
implementation in elections ensuing to the
respective Bar Associations, if any or at any time.
(vii) All the Bar Associations shall bring in amendment to
the respective byelaws, bearing in mind the
observations made in the course of the order,
without brooking any delay.
Sd/-
(M.NAGAPRASANNA)
JUDGE
BKP
