The Allahabad High Court has directed the Elder’s Committee of the Sultanpur Bar Association to immediately issue a fresh election schedule and conduct the elections within three weeks. The direction came while dealing with a Public Interest Litigation concerning implementation of the Supreme Court’s mandate for 30% representation of women advocates in Bar Association governing bodies.
Background of the Case
The PIL was filed by Shashi Mishra, a member of the Sultanpur Bar Association, against the Bar Council of Uttar Pradesh and other respondents. The petitioner sought implementation of the Supreme Court’s directions in Deeksha N. Amruthesh v. State of Karnataka & Ors., requiring 30% representation for women advocates in Bar Association executive and governing bodies.
The litigation arose after the Sultanpur Bar Association’s election process was initiated without providing the required reservation. The High Court had earlier held that conducting elections without implementing the Supreme Court’s directions was contrary to those directions and ordered the existing election process to be stopped.
The Court subsequently examined the structure of the Sultanpur Bar Association’s Executive Council and worked out how the 30% representation was to be implemented across different posts, including the President, Vice President, General Secretary, Treasurer, Joint Secretaries and Executive Members.
Court’s Observation
The Bench comprising Justice Rajan Roy and Justice Manjive Shukla made it clear that the High Court could not reduce or alter the 30% requirement fixed by the Supreme Court.
When an objection was raised that only 41 women were members of the association against a total membership of 2,028, the Court declined to consider the argument, observing that its orders were aimed at implementing the Supreme Court’s directions issued under Article 142 of the Constitution and keeping in view the obligation under Article 144.
The Court also modified its earlier arrangement concerning reservation of the Treasurer and General Secretary posts. Under the final order, the Treasurer’s post will be reserved for a woman candidate in the 2026 election, and subsequently in 2029, 2032 and so on by rotation. The General Secretary’s post will be reserved for women in 2027, followed by 2030, 2033 and subsequent elections on the same rotational basis.
The Court further made clear:
“We make it clear that no further application for modification of the orders will be entertained by this Court.”
Decision
The High Court allowed the modification application. It directed the Elder’s Committee, which is in charge of conducting the Sultanpur Bar Association elections, to issue the election schedule within three days and thereafter hold the elections within three weeks of issuing the schedule.
The Court also clarified that the Elder’s Committee would remain in charge of the Bar Association’s affairs and election process. Any interference with this arrangement by outgoing office-bearers would be treated as an affront to the Court and could invite contempt proceedings.
Case Details
Case Title: Shashi Mishra v. Bar Council of U.P. through its Secretary & 2 Others
Case Number: Public Interest Litigation (PIL) No. 646 of 2026
Judge: Justice Rajan Roy and Justice Manjive Shukla
Decision Date: August 25, 2026
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