Karnataka HC Declines Plea To Reserve Seats For SC/ST, Backward Community Members In Governing Council Of Advocates' Association Bengaluru

The Karnataka High Court on Saturday refused to grant any relief in a petition seeking a direction to the Advocates Association, Bengaluru to take steps for providing overall 50 percent reservation to SC/ST and backward communities, which may also include women reservation in the governing body of the Association, during the ensuing elections.

A single judge, Justice R Devdas disposed of the petition filed by Karnataka SC/ST, Backward Classes and Minorities Advocates Federation and said “This court has to once again reiterate that this court will not be in a position to issue such directions to enable reservation for few of the posts in the office bearers or governing council to members belonging to SC/ST and backward communities. If at all such a direction is to be issued it is only at the hands of the Supreme Court, which can invoke its extraordinary power under Article 142 of Constitution of India.”

Recently, the High Court had declined a similar plea seeking reservation of seats in the Governing Council for women.

Senior Advocate M B Nargund appearing for the petitioner submitted that the Association had passed a resolution reserving post of treasurer for women advocates and also creating additional posts. However, the representation given by the Federation was not taken up in the meeting, violating their rights under Article 14 of Constitution of India.

Advocate Madhukar Deshpande appearing for another petitioner argued that when a decision is taken by the Association to provide reservation to women candidates, although there was no such provision in byelaw, the association has enabled provision for reservation and all such reservation provided under Constitution, be it vertical or horizontal.

At the outset, the bench noted that the Supreme Court had directed the Association to reserve a post of treasurer for women candidates. Further, it was ordered that additional posts of Vice-President and Governing Council members shall be deemed to have been created to accommodate those who had filed nominations by the time the order directing reservation was passed.

It thus disposed of the petition saying “If the petitioners are entitled to take any benefit of the resolution (passed by AAB on January 27), it can do so and approach the Supreme Court to seek necessary directions for reservation as prayed for these petitions."

Case Title: Karnataka SC/ST, Backward Classes and Minorities Advocates Federation AND State of Karnataka & Others

Case No: WP 2791/2025.

Citation No: 2025 LiveLaw (Kar) 37

Appearance: Senior Advocate M B Nargund for Advocate Nagendra A, Advocate Madhukar Deshpande for Petitioners.

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