Court Directs Modifications in Rotational Policy to Ensure Compliance with Supreme Court Orders
In a landmark decision, the Allahabad High Court has upheld the reservation of 30% posts for women candidates in Bar Association elections, mandating modifications in the rotational policy for specific posts to ensure alignment with directives issued by the Supreme Court. The judgment, delivered by Justices Rajan Roy and Manjive Shukla, emphasizes the implementation of Supreme Court orders under Articles 142 and 144 of the Indian Constitution, thereby promoting increased representation of women in leadership roles within Bar Associations.
The court's decision arose from a Public Interest Litigation (PIL) filed by Shashi Mishra against the Bar Council of U.P., challenging the reservation policy. The court, however, rejected the petitioner's arguments against the reservation, stating that the measures are essential to foster gender equality and representation in legal forums.
The judgment specifies that posts such as President, Vice President, General Secretary, Treasurer, and others will be reserved for women candidates on a rotational basis. The rotational policy was meticulously outlined to ensure that each post is fairly allocated to women candidates over successive election years, thereby maintaining a balanced representation.
In addition to addressing the reservation policy, the court issued directions to the Elder's Committee to reschedule and conduct Bar Association elections within 15 days, ensuring adherence to the revised reservation guidelines. This proactive approach aims to prevent any further delays and ensures that the elections are conducted in a timely manner.
Moreover, the court mandated that all candidates contesting in the elections must disclose any FIRs or criminal cases filed against them, along with the outcomes of such cases. This directive aims to promote transparency and integrity in the election process, with the potential for cancellation of candidatures or elections in cases of concealment or misrepresentation.
This judgment underscores the expansive scope of Public Interest Litigation, which extends beyond the relief initially sought to encompass broader public interest, including the execution of Supreme Court directives concerning women's representation.
The court's decision marks a significant step towards ensuring equitable representation in the legal profession, reinforcing the judiciary's commitment to upholding constitutional mandates for gender equality.
Bottom Line :
Reservation of posts for women candidates in Bar Association elections upheld, with modifications in the rotational policy for specific posts to ensure compliance with Supreme Court orders.
Statutory provision(s): Articles 142, 144, Constitution of India, 1950
Shashi Mishra v. Bar Council of U.P., (Allahabad)(DB)(Lucknow) : Law Finder Doc id # 2969615
