In a significant ruling on Wednesday, the Karnataka High Court dismissed several petitions demanding a 33% reservation for women lawyers in the elections of the Advocates Association Bengaluru (AAB). Scheduled for February 2nd, these elections will proceed without changes to the current by-laws that do not endorse such reservations.
Justice R. Devdas ruled against the petitions, spearheaded by Advocate Deekshana Amruthesh and the Karnataka Federation of Women Lawyers, on the grounds that the judiciary cannot intervene once the electoral process is in motion. He stated, “No courts can pass any order that would interfere in elections,” emphasizing the lack of legal provision within the AAB by-laws for reservations.
The plea for reservations aimed to replicate a Supreme Court directive where it used its constitutional authority to enforce a one-third reservation for women in the Supreme Court Bar Association’s elections. However, Justice Devdas noted the High Court lacks similar powers.
Arguments from the petitioners highlighted the long wait for another chance at inclusion if the current election cycle did not implement changes. They were advised to seek recourse at the Supreme Court if they wished further pursuit of their demands.
Senior Advocates Lakshmy Iyengar and Jayna Kothari represented the petitioners, while Senior Advocate Vivek Subba Reddy spoke for the AAB. Despite acknowledgment of the demand, the current governing body, having expired on December 18, left no scope for immediate action but suggested possible by-law amendments post-elections.
