- 1 - NC: 2025:KHC:911 WP No. 461 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 461 OF 2025 (GM-KSR) BETWEEN: KAVITHA H.C, ADVOCATE, AGED ABOUT 52 YEARS, W/O B.A. RAVISHANKAR, R/O NO 89, 10TH MAIN, COFFEE BOARD LAYOUT, KEMPAPURA, HEBBAL, BENGALURU - 560 024. …PETITIONER (BY MS. NALINA MAYEGOWDA, SENIOR COUNSEL FOR SRI. PRAKASHA H.C, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, DEPARTMENT OF CO-OPERATION, MS BUILDING, BENGALURU - 560 001, REPRESENTED BY ITS PRINCIPAL SECRETARY. 2. THE REGISTRAR, DEPARTMENT OF CO-OPERATION, GOVT. OF KARNATAKA, NO.1, ALI ASKER ROAD, VASANT NAGAR, BENGALURU - 560 052. 3. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, DEPARTMENT OF CO-OPERATION, GOVERNMENT OF KARNATAKA, Digitally signed by KRISHNAPPA LAXMI YASHODA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:911 WP No. 461 of 2025 NO. 146, 8TH CROSS, 3RD MAIN ROAD, MARGOSA ROAD, MALLESWARAM, BENGALURU - 560 003. 4. ADVOCATES ASSOCIATION BENGALURU (REGD) 'VAKEELARA' BHAVANA, REGISTERED UNDER THE KARNATAKA SOCITIES REGISTRATION ACT CITY CIVIL COURT COMPOUND, BEHIND CAUVERY BHAVAN, K.G. ROAD, BENGALURU - 560 001. REPRESENTED BY ITS GENERAL SECRETARY. 5. HIGH POWER COMMITTEE, THIRD FLOOR, VAKEELARA BHAVANA, CITY CIVIL COURT COMPOUND, KEMPEGOWDA ROAD, AMBEDKAR VEEDHI, GANDHI NAGAR, BANGALORE - 560 009, REPRESENTED BY ITS CHAIRMAN. 6. THE CHIEF RETURNING OFFICER, THIRD FLOOR, VAKEELARA BHAVANA, CITY CIVIL COURT COMPOUND, KEMPEGOWDA ROAD, AMBEDKAR VEEDHI, GANDHI NAGAR, BENGALORE - 560 009. 7. KARNATAKA STATE BAR COUNCIL, REPRESENTED BY ITS CHAIRMAN, OLD ELECTION COMMISSION BUILDING, DR. B.R. AMBEDKAR VEDHI, BENGALURU - 560 001. …RESPONDENTS (BY SRI. MOHAMMED JAFFAR SHAH, AGA FOR R1 TO R3) - 3 - NC: 2025:KHC:911 WP No. 461 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO I. DIRECT THE RESPONDENTS, PARTICULARLY THE RESPONDENT NO.4 - ADVOCATES ASSOCIATION BENGALURU (AAB), RESPONDENT NO 5 AND 6 TO RESERVE AND IMPLEMENT THE DIRECTIONS OF THE HONBLE SUPREME COURT DATED 02/05/2024 (SCBA VS B.D.KAUSHIK) AND 19.12.2024 (FOZIA REHMAN VS BAR COUNCIL OF DELHI) AND PROVIDE 33PERCENT RESERVATION FOR WOMEN IN THE RESPONDENT NO 4 ADVOCATES ASSOCIATION BENGALURUS GOVERNING BODY, INCLUDING BOTH OFFICE BEARERS AND EXECUTIVE MEMBERS AND FOLLOW ALL OTHER DIRECTIONS IN THE ABOVE ORDERS OF THE HONBLE SC, IN THE FORTHCOMING 2025 ELECTIONS OF THE RESPONDENT NO 5 ASSOCIATION VIDE ANNEXURE-C AND ANNEXURE-E AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE R DEVDAS ORAL ORDER Learned Additional Government Advocate is directed to take notice for respondent Nos.1, 2 and 3. Notice to other respondents are not necessary for the following reasons. - 4 - NC: 2025:KHC:911 WP No. 461 of 2025 2. The prayer in this writ petition is similar to a few writ petitions which were considered and dismissed by this Court, in W.P.No.35836/2024 and connected matter. The petitioner is seeking directions to the respondent – Advocates’ Association, Bengaluru and the High Power Committee, which was constituted by this Court for the purpose of conducting the elections to the 4th respondent - Association, for providing reservation for the women Advocates and members of the Association in the Governing Council and the Executive Committee of the Association. 3. Learned Senior Counsel Ms.Nalina Mayegowda, however sought to make additional submission, that the directions issued by the Hon'ble Supreme Court in the case of FOZIA RAHMAN Vs. BAR COUNCIL OF DELHI & ANR. in Special Leave to Appeal (C) Nos.24485/2024 dated 19.12.2024 and SUPREME COURT BAR ASSOCIATION Vs. B.D.KAUSHIK, have been complied by the Delhi Bar Association and the Supreme Court Bar - 5 - NC: 2025:KHC:911 WP No. 461 of 2025 Association. It is therefore submitted that the directions should be construed as a binding precedent. 4. In the considered opinion of this Court, such directions cannot be construed as a binding precedent. In the previous orders passed in W.P.No.35836/2024 and connected matter, this Court has made it clear that such directions issued by the Hon'ble Supreme Court flow from Article 142 of the Constitution of India. There being no such provision in the bye-laws of the respondent- Association, this Court cannot issue directions to make provision of reservation to the women members of the Association. 5. Consequently, the writ petition stands dismissed in terms of the judgment already rendered by this Court in W.P.No.35836/2024 and connected matter. Sd/- (R DEVDAS) JUDGE rv CT: BHK