SMT. MOHANAKUMARI K.R Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioners are Advocates practicing in Tumkur District and are members of the Tumkur District Bar Association. On 14/3/2025, the Tumkur District Bar Association notifies calendar of events for conduct of elections to the office bearers of the Association for the years 2025-26 and 2026-27. Filing of nomination papers as per the calendar of events was to be between 22/3/2025 and 25/3/2025. The subject petition is preferred on 19/3/2025 by the members of the Bar Association of Tumkur District, on the score that they are entitled to 33% of posts to be reserved for women. According to the averment in the petition, the Tumkur Bar Association has 1220 voting members, out of which 230 are women members. In that light, the demand is for reservation of 33% of the total posts in the Association to be reserved for women. Claiming such reservation, the petitioners have presented the present petition.

(2.) Heard Smt Vidyashree K S along with Sri Prateek Chandramouli and Smt Surabhi C, learned counsel appearing for petitioners; Sri Mohammed Jaffar Shah, learned Additional Government Advocate appearing for respondents 1 to 4, Sri T. P. Vivekananda, learned counsel for respondent No.5 and Sri R S Ravi, learned senior counsel for Sri H V Praveen Gowda, learned counsel appearing for respondent No.6.

(3.) The learned counsel for the petitioners Smt. Vidyashree K. S. would vehemently contend that in the light of the strength of women members, out of the total members of Tumkur Bar Association, the women members are clearly entitled to have the reservation of 33%. She places reliance upon the order passed by the Apex Court in the case of DEEKSHA N. AMRUTHESH v. STATE OF KARNATAKA - S.L.P.No.1404 of 2025 decided on 28/1/2025 which arose out of a final order passed by this Court in Writ Petition 35836 of 2024. It is her emphatic submission that though the Apex Court has passed the order under Article 142 of the Constitution of India, the reasons so rendered for passing the said order would become binding on every Association in the country. The learned counsel would submit that a request was made by the petitioners for reservation as aforesaid. It comes to be rejected as, one post of Executive Member is already reserved for women and any other decision to be taken should be by a Committee upcoming. Since the present committee is outgoing, it has been rejected. The learned counsel submits that this is arbitrary and the direction of the Apex Court entitles such reservation to all the posts in the Association to the tune of 33%.