After Karnataka HC Nudge, Tumakuru Advocates Association To Reserve One Treasurer, Two Executive Committee Member Posts For Women

The Karnataka High Court on Monday (24 March) directed the Tumakuru District Advocates Association to create one post of Treasurer and two posts for Executive Committee Members for women, in view of the submission by the Association that it would reserve the said posts for women in the upcoming elections. 

Justice M Nagaprasanna took on record a submission made by the counsel for the Association that 1 post of Treasurer and 2 posts for Executive Committee Members would be notified before the ensuing elections. The counsel also said that the Association would consider amending bye-laws after the elections to provide necessary reservations for women.

On March 19, the High Court had stayed the elections to the Tumakuru District Advocates Association, which were scheduled on April 5 after the Association rejected the women advocates' representation for 33% reservation in favour of women members.

In their plea, the petitioners stated that they had addressed a letter on March 5 to the Election Officer and President of the Tumakuru Bar Association requesting for reservation of 33% of the total existing posts in favor of women. The petitioners claimed that the Association, being a democratic body, ought to facilitate deliberations on crucial issues affecting a significant segment of its members.

However, the Tumakuru District Advocates Association through its March 17 decision rejected the petitioner's request stating that as per the Tumakuru District Association Bylaws 1960, one post in the executive committee members is already reserved for women. It was further stated that a decision on the requested reservation could be made only by a committee meeting and that the present ongoing committee does not have the authority to make such decisions. It was also stated that there was no sufficient time to call for a full committee meeting.

Today during the hearing, the Court took note of the recent Supreme Court order, which directed that the post of Treasurer be exclusively earmarked for women candidates in Advocates Association in Bengaluru (AAB). The Apex Court had also suggested that the High-Powered Committee and the Chief Returning Officer may consider reserving at least 30% of other Governing Council posts for women lawyers.

Noting that the reservation would benefit women, the High Court said such reservation should also be implemented by the Dharwad and Kalaburagi benches of the High Court.

"This would amount to some solace for the present to women lawyers, but this cannot be temporary. The direction of Apex court qua AAB (Advocates Association of Bengaluru was directed to reserve posts for women) be implemented by Benches of Dharwad and Kalaburagi or every other Bar association which is now wanting to conduct election to office bearers.”

Referring to Articles 14 and 15 of the Constitution, the Court observed that women advocates cannot be discriminated against and denied relief of reservation in other bar association elections. It noted, “Article 14 and 15 of Constitution, would completely become applicable to the case at hand, as petitioner's women advocates cannot be discriminated against on the score that they are women and be held that they are not entitled for reservation in every bar association elections.”

The Court commented that it is not only 'morally compelling' but also 'legally expedient' for all the Bar Associations to provide equal rights to women with respect to their representation in the associations. Remarking that providing reservations to women in all bar associations would dismantle the "old man's club", the Court said “It will result in dismantling or taking away the associations hitherto being bastions of male or the old man's club as it is generally called. Otherwise no women in the nation or Association should ever lament in a nation governed by the vibrant constitution. Notwithstanding the fact that they are half the world and do not have even half the chance.”

Even during the last hearing, the Karnataka High Court had orally remarked that the bar associations can no longer be permitted to be a “boys club”. Noting that the AAB implemented reservations for women, the High Court had remarked that associations should be progressive and not regressive.

With these observations, the Court permitted the Association to create the aforesaid posts. It directed the returning officer to redraw the calendar of events and continue with the process of elections which had earlier been stayed by an interim order.

The Court thus disposed of the petition. 

Case Title: Mohanakumar K R & Others AND State of Karnataka & Others (WP 8186/2025)

Citation No: 2025 LiveLaw (Kar) 118

Appearance: Vidyashree K S, Prateek Chandramouli & Surabhi C for Petitioners; Senior Advocate R S Ravi for R6.