'No Stay On Bar Association Elections', Supreme Court Reiterates; Asks DHCBA To Resolve Issue Of Women Reservation Amicably By Next Week
Debby Jain
12 Dec 2024 4:34 PM IST
Hearing the pleas seeking reservation for women lawyers in Delhi Bar bodies, the Supreme Court today reiterated that no stay has been imposed on the elections of Bar Associations across the country (High Court or District). In the context of Delhi High Court Bar Association, the Court asked DHCBA President Mohit Mathur to see that the issue of women reservation is resolved "immediately and amicably".
A bench of Justices Surya Kant and Ujjal Bhuyan heard the matter and listed it on December 19, stating,
"Mr Mohit Mathur, learned Senior Counsel and President of the DHCBA, assures that various options in order for amicable solution will be put up before senior members of the Bar representing the petitioners by Tuesday. Such options, alongwith suggestions that may come forward from the petitioners' side, will be considered on the date fixed on Thursday."
During the hearing, when counsels claimed that Delhi Bar Association elections are getting delayed despite expiry of stipulated tenures, the bench referred to an order passed by it yesterday clarifying that it has not stayed the elections of any Bar Association. This order mentioned that there is no stay imposed by the Court on Bar Association elections being held strictly as per bye-laws/policies.
Insofar as the issue of women reservation in DHCBA, Justice Kant conveyed that the Bar Association should act as a role model, as many democratic institutions are looking at it. Supplementing the judge, Justice Bhuyan gave the example of Bombay Bar Association to the counsels, saying it has amicably resolved its issues.
Senior Advocate Pinky Anand, for petitioners, prayed that the Court pass an order. Declining to do so at this stage, Justice Kant said, "If need be, we will do that also. But we want to create a cultivated culture among the members of the Bar that they themselves take some pragmatic and salutary steps themselves. If it comes from the Bar's side, it will help. Had it been a case of any obstinate kind of attitude, probably that would invite an order. So long as we feel and we are confident that something positive will come voluntarily, we will give that much breathing time."
Earlier proceedings in the matter
The Court had earlier asked the DHCBA to consider reserving post of Vice-President for women lawyers in the upcoming elections. The bench had found it disappointing that since the year 1962, there had not been even a single woman President of the Bar.
Subsequently, the Court ordered that there should be women's reservation for posts in DHCBA and directed that a meeting of the General Body of DHCBA be held to consider the desirability of reserving the post of Treasurer for women members. In addition to reserving the post of Treasurer, GB was at liberty to consider the desirability of reserving 1 more post of office bearers of the Bar Association for women members.
Pursuant to this order, the DHCBA filed a response urging that the petitions be dismissed and the matter allowed to continue before the Delhi High Court (where it is pending). It was stated that a GBM was held on October 7, wherein members of the General Body resolved that they were not in favor of reservation in the seats of the Executive Committee of the DHCBA.
Background
The Court is dealing with 3 petitions seeking reservation for women lawyers in Delhi's lawyer bodies viz. Bar Council of Delhi (BCD), Delhi High Court Bar Association (DHCBA) and all District Bar Associations.
One of the petitions was filed by Advocate Shobha Gupta, who contends that under representation of women in effective posts in BCD and other Bar associations can negatively affect their rights and access to justice as well as detract from the justice system's overall effectiveness.
Specifically seeking directions for 33% reservation in the upcoming Bar Council elections of all Advocate Bars in Delhi, Gupta initially approached the Delhi High Court. But on September 11, the High Court refused to grant interim relief and listed the matter for November 27.
As the Delhi Bar elections were scheduled to be held on October 19, and no interim relief was granted, the petitioners prayers were seemingly rendered infructuous. In this backdrop, the present pleas were filed before the Supreme Court, asserting that process of the elections has commenced with declaration/finalizing voter list.
Notice was issued on the petitions on September 20.
Earlier this year, the Supreme Court directed the implementation of 33% women reservation in SCBA elections.
Case Title: FOZIA RAHMAN Versus BAR COUNCIL OF DELHI AND ANR., SLP(C) No. 24485/2024 (and connected matters)
