SC allows B'luru bar association to create new posts

NT Correspondent

Bengaluru: The Supreme Court on Tuesday modified its order and allowed Advocate Association of Bengaluru to create a post of vicepresident in the bar body for which elections will be held in the coming weeks. A bench of Justices Surya Kant and N Kotiswar Singh passed the order on different intervention applications filed by lawyers of the association for creating the new post. The move came after the court on January 24 earmarked the post of treasurer for women, after the election process had begun and nominations were filed even by male candidates.

The bench now allowed the Advocate Association of Bengaluru (AAB) to create an additional post of vice-president in the bar body. It directed male candidates, who had filed their nominations for the post of treasurer before the January 24 order, to have an opportunity to contest for other posts or withdraw from the contest. The bench also allowed for creating posts in AAB's governing council as 30 per cent seats were reserved for women. While the nomination papers would be filed within a week, elections would be held in three weeks, it said.

The top court clarified if any eligibility criteria was mentioned for a particular post in the regulations, it would be strictly adhered to. On January 24, exercising its plenary powers, the top court reserved the post of treasurer in the association for women lawyers. It exercised its powers under Article 142 of the Constitution observing the election for the bar body was scheduled on February 2 and the nomination process was over.

The court invoked its powers saying it was "hightime" to provide women reservation in different elected bodies of advocates and there were no express provisions in the memorandum and by-laws earmarking seats for women candidates of the association. The bench directed the high-powered committee constituted to oversee the election and the chief returning officer for the bar body polls to extend the date for inviting nominations and if required, the election to be deferred for a few days.

However, such a decision will be at the discretion of the committee and the chief returning officer, it added. The top court ordered the committee and the returning officer to also consider adequate representation of the women advocates in the governing council of advocates' association.