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The Karnataka High Court used its power on Saturday to reject petitions seeking Scheduled Castes, Scheduled Tribes and Other Backward Classes reservations inside the governing council of the Advocates Association Bengalaru (AAB).

Justice R Devdas turned down petitions submitted by the All India Backward Classes Advocates Foundation together with the Karnataka SC/ST Backward Classes and Minorities Advocates Federation while directing them to file their case with the Supreme Court.

The petitioners requested reserved positions in AAB's governing council because of a recent Supreme Court order establishing 30% women's representation in the body.

The Supreme Court issued the directive through its Article 142 constitutional power to achieve complete justice by passing necessary orders.

The High Court avoided making a directive for caste-based reservations because the bye-laws of AAB do not contain such provisions at this time.

 

Even though he rejected the petitions the presiding judge recognized that stakeholders believed AAB had never designated an SC/ST or OBC member as an office bearer. The High Court heard their proposal that previous women reservations by AAB should serve as a basis to support equal representation for disadvantaged communities.

Based on the court order AAB members who come from Bar membership receive funding support from the state.

The petitioners argued the introduction of female reservation by the association initialized the process to start implementing both gender and caste-based reservations predominantly based on the Constitution.

The High Court avoided giving any views regarding AAB's choice to obey the Supreme Court's directives.

The petitioners should address their requests to the Supreme Court because the court stated it would not review their case.

The Supreme Court issued its mandate on January 24 instructing AAB to make the governing council include thirty percent women and designate the treasurer position exclusively for female members.

Justice Surya Kant and Justice N Kotiswar Singh issued this order through their bench to achieve gender equality in the top leadership positions of the association.


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