Plea in Karnataka High Court seeks separate ballots for women candidates in Bar Council elections

A petition has been filed before the Karnataka High Court highlighting that reservations for women candidates in Bar Council elections may be better implemented if there are separate ballot papers for women advocates who are contesting the elections [Sandhya U Prabhu v. Karnataka State Bar Council & Ors.]..After hearing preliminary arguments, Justice BM Shyam Prasad on Tuesday sought the response of the State Bar Council and the Bar Council of India (BCI), asking them to take a stand on the plea. The Court also directed that a copy of the petition be served to the Returning Officer overseeing the conduct of the Bar Council polls. “File your representation. Let them take a stand,” added the Court, addressing to the petitioner.The matter will be heard next on February 6..The plea has raised concerns about an election notification dated January 5, 2026, which provides that seven seats have been reserved for women out of a total of 18 seats, two of which are to be filled by nomination.Advocate Sandhya U Prabhu, the petitioner, raised concern that the notification did not clarify whether a separate ballot would be used for women candidates contesting the five elected reserved seats, despite clear Supreme Court directions on the implementation of women’s reservation..In yesterday's hearing, Justice Prasad asked whether there was any express provision mandating a separate ballot paper for women candidates.In response, advocate Prabhu argued that even though the election rules do not expressly provide for separate ballots, the lack of such a mechanism weakens the effective implementation of women’s reservation. "When the ballot paper runs, it will be with nearly 200 numbers, identifying each women member will be very difficult. It will not serve the purpose," she said. She argued that identifying women candidates from such a long common list would be difficult."To identify a woman candidate would be very difficult if it is on the single ballot,” said advocate Prabhu..The petitioner also sought a stay on the election process until the concerns raised in the petition are resolved, but the High Court made it clear that it was not inclined to stall the electoral process. Instead, the Court suggested that the petitioner first approach the authorities. “Why don’t you file a representation with the State Bar Council, ensuring separate ballot papers for women candidates who want to participate under that category,” the Court said, while granting liberty to the petitioner to do so.The Court clarified that it was not closing the plea at this stage. .The plea is set against the backdrop of the Supreme Court’s reiteration that 30 per cent reservation for women in all State Bar Councils is mandatory and non-negotiable.The Supreme Court had further clarified that in States where elections have already been completed or notified, any shortfall in women’s representation must be addressed through co-option, and has emphasised that the reservation must be implemented not merely on paper but in letter and spirit..Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.