The Supreme Court rejected the plea seeking 30 percent reservation for women advocates in BCI and State Bar Councils.
The plea stated that in the year 2015 the elections were held in the month of December, though the tenure of the newly elected office bearers started w.e.f. April, 2016. Similarly, the election of office bearers were held in December, 2017 and the tenure of the office bearers started from April, 2018. Similar was the case in December, 2019. Such practice was adopted without there being any specific rule in this regard.
The petitioner said that on 25th December, 2021 the meeting of respondent Bar Council of India was held at Delhi and even after strong protest by 2-3 Members, the majority of members of the Council have amended the rule and have resolved to hold the elections in hybrid/virtual mode. The Council also has enhanced the tenure of the office bearers even after the strong opposition by 3 Members including the Member from the State of Kerala and Karnataka.
The petitioner prayed for directions to the BCI to refrain from enhancing the tenure of State Bar Councils citing reasons of COVID pandemic.
The petitioner added that the election notification issued by respondent for holding the elections of office bearers of Bar Council of India is illegal and violative of Article 14 and 19 (1) (g) and Article 21 of the Constitution of India as time and again the election is being held without making any provisions for adequate representation of the women in these elections.
The division bench of Justice L. Nageswara Rao and Justice Abhay S. Oka said that they are not inclined to entertain the writ petition filed under Article 32 of the Constitution of India challenging the election notification issued by the respondent for holding the elections of office bearers to the Bar Council of India.
The court while dismissing the petition said that the petitioners are at liberty to approach the Bar Council of India and make a representation for redressal of their grievances.
Case title: Pooja Gupta v/s Bar Council of India
Citation: Writ Petition(s)(Civil) No(s).42/2022