Supreme Court allows Advocate Association of Bengaluru to create new posts

New Delhi: The Supreme Court on Tuesday modified its order and allowed Advocate Association of Bengaluru to create a post of vice-president in the bar body for which elections will be held in the coming weeks.

A bench of Justices Surya Kant and N Kotiswar Singh passed the order on different intervention applications filed by lawyers of the association for creating the new post.

The move came after the court on January 24 earmarked the post of treasurer for women, after the election process had begun and nominations were filed even by male candidates.

The bench now allowed the Advocate Association of Bengaluru (AAB) to create an additional post of vice-president in the bar body.

It directed male candidates, who had filed their nominations for the post of treasurer before the January 24 order, to have an opportunity to contest for other posts or withdraw from the contest.

The bench also allowed for creating posts in AAB's governing council as 30 per cent seats were reserved for the women.

While the nomination papers would be filed within a week, elections would be held in three weeks, it said.

The top court clarified if any eligibility criteria was mentioned for a particular post in the regulations, it would be strictly adhered to.

On January 24, exercising its plenary powers, the top court reserved the post of treasurer in the association for women lawyers.

It exercised its powers under Article 142 of the Constitution observing the election for the bar body was scheduled on February 2 and the nomination process was over.

The court invoked its powers saying it was "high-time" to provide women reservation in different elected bodies of advocates and there were no express provisions in the memorandum and by-laws earmarking seats for women candidates of the association.

The bench directed the high-powered committee constituted to oversee the election and the chief returning officer for the bar body polls to extend the date for inviting nominations and if required, the election to be deferred for a few days.

However, such a decision will be at the discretion of the committee and the chief returning officer, it added.

The top court ordered the committee and the returning officer to also consider adequate representation of the women advocates in the governing council of advocates' association of Bengaluru to ensure at least 30 per cent elected members of the council were women candidates with 10 years of practice experience.

The main petition filed by women lawyers sought the implementation of directions of women reservation issued in case of Delhi High Court Bar Association, where the court last year directed for reserving seats for women lawyers including the post of treasurer.

It said there was no legal impediment in providing reservation to women lawyers.

The top court recently directed reserving the treasurer's post and 30 per cent seats for women lawyers in the executive committee of Delhi Sales Tax Bar Association and Delhi Tax Bar Association.

On January 20, the top court directed 33 per cent seats would be reserved for women lawyers in the election of the National Green Tribunal bar association.

The top court in December, last year directed reserving three posts for women lawyers in the DHCBA election. It had also said in the district bar association elections, the post of treasurer plus 30 percent of other executive committee posts should stand reserved for women lawyers (including those already reserved for women).

On September 26 last year, the apex court directed the DHCBA to have the post of treasurer reserved for women, besides another post in the five-member office-bearer body of the association.