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Synopsis

While noting that women must be given representation, the Supreme Court of India on Friday reserved the post of Treasurer for women candidates in the Governing Body of the Advocates' Association, Bengaluru (AAB).

A bench of Justices Surya Kant and N Kotiswar Singh observed, '...We invoke Article 142 of the Constitution and direct that the post of Treasurer shall be exclusively earmarked for women candidates. Therefore, we direct the High-Powered Committee and the Chief Returning Officer to extend the date for nominations....'"

The court further observed that the High-Powered Committee and the Chief Returning Officer should also consider the desirability of reserving nearly 30% of other positions in the Governing Council for women lawyers, noting that this would ensure adequate representation of women in the council.

Court passed the following orders while dealing with a plea filed by the Karnataka Federation of Women Lawyers seeking 33% reservation in the governing body of the Advocates Association, Bengaluru (AAB).

Two weeks ago, the Karnataka High Court dismissed the plea filed by Advocate Deeksha N. Amruthesh seeking directions to reserve seats for women advocates in the governing council of the Advocates' Association of Bengaluru.

While referring to the Top Court's judgments in Supreme Court Bar Association v. B.D. Kaushik and Fozia Rahman v. Bar Council of Delhi, the petitioners argued that not following the top court's order concerning reservation infringes upon the fundamental rights guaranteed under Articles 14, 15, and 19(1)(g) of the Constitution of India.

However, Justice R. Devdas noted that the final voter list and the calendar of events had already been issued. "Therefore, no court can pass any order that would interfere with the election process," the court had said.

While dismissing the plea, the court asked the petitioners to approach the Supreme Court, which is currently dealing with the issue of reservation for women lawyers in all bar associations across the country.

Case title: Karnataka Federation of Women Lawyers vs. State of Karnataka