Karnataka High Court rejects plea for SC/ST, OBC quota in Advocates Association Bengaluru polls

The Karnataka High Court Saturday dismissed two petitions seeking reservation for candidates belonging to the Scheduled Castes and Scheduled Tribes (SC/ST) and Other Backward Class (OBC) categories in the governing council of the Advocates Association, Bengaluru (AAB)..Justice R Devdas dismissed the petitions filed by the All India Backward Classes Advocates Foundation and Karnataka SC/ST Backward Classes and Minorities Advocates Federation.The judge said the petitioners should move the Supreme Court instead with their prayers..The petitioners moved the Court seeking parity citing the recent Supreme Court order that directed AAB to to ensure representation of women lawyers in its governing council by reserving at least 30 percent of seats.However, the High Court said the Supreme Court had issued such directions while exercising its powers under Article 142 of the Constitution.Given that the existing bye-laws of AAB did not have any provisions for caste based reservation in its elections, the High Court cannot exercise its powers under Article 226 to issue directions similar to those issued by the Supreme Court in case of representation of women lawyers, Justice Devdas said..However, the High Court noted the petitioners’ submissions that the AAB has never had any SC/ST/OBC office bearer and that since it has already made provisions to reserve seats for women candidates in its governing council, it might as well make similar changes to accommodate reservation for SC/ST and OBC candidates as well.“The Advocates Association, Bengaluru is a body that has members from the Bar and also receives funds from the State. The petitioners submit that when once decision is taken by AAB to provide reservation for women it has enabled provision for reservation and therefore, all reservation provided in the Constitution, be it vertical or horizontal, will have to be provided,” the Court noted.But it said that it did not wish to make any comment on the resolutions made by AAB to implement the Supreme Court order and said if the petitioners believed they were entitled to similar benefits, they too should approach the Apex Court. .On January 24 this year, the Supreme Court had ordered AAB to ensure representation of women lawyers in its governing council by reserving at least 30 percent of seats.A Bench of Justices Surya Kant and N Kotiswar Singh had also directed AAB to reserve the post of the treasurer in its governing body exclusively for women candidates.