Allahabad HC Prescribes Post-Wise Rotation Schedule for 30% Women’s Reservation in Oudh Bar Association Elections
The Lucknow Bench directed specific posts in the Oudh Bar Association to be reserved for women candidates in 2026 and on a rolling rotation thereafter, implementing the Supreme Court’s mandate from Deeksha N. Amruthesh v. State of Karnataka & Others, SLP(C) No. 1404 of 2025.
The Lucknow Bench of the Allahabad High Court, in a judgment delivered on 14 August 2026, drew up a detailed post-wise reservation and rotation calendar to enforce the Supreme Court’s direction that at least 30% of posts in the governing or executive bodies of Bar Associations across India be reserved for women advocates. Two Public Interest Litigations filed by women members of the Bar had sought compliance by the Oudh Bar Association, High Court, Lucknow. The Division Bench — Justice Rajan Roy and Justice Manjive Shukla — found that the Annual General Meeting resolution of 29 July 2026 fell short of what the Supreme Court’s orders required, and substituted a nine-point schedule covering every category of post in the Oudh Bar Association’s 22-member Governing/Executive Council.
The Two PILs and What They Sought
PIL No. 506 of 2026 was filed by Divya Tripathi @ Divya Mishra against the Bar Council of Uttar Pradesh and others. It asked the court to direct the Oudh Bar Association to comply with Supreme Court orders dated 24 March 2025, 16 January 2026, 13 March 2026, and 17 April 2026 in SLP(C) No. 1404 of 2025, and to notify 30% representation for women on its Executive Committee and Member Governing Council. The petitioner also sought that the posts of Secretary, Treasurer, and President be earmarked for women candidates in the 2026 elections, with the post of President reserved for a woman in 2026.
PIL No. 177 of 2026 was filed by Mithlesh Srivastava against the Oudh Bar Association through its General Secretary. This petition sought an amendment to the Bye-laws to provide one-third reservation for women in the Executive Committee and Governing Council seats, exclusive reservation of the post of Treasurer for women, and turn-and-rotation reservation of the posts of President, General Secretary, and Senior Vice President for women candidates, all before the 2026 annual election notification.
Counsel for the petitioner in PIL No. 506 of 2026 were Sushil Kumar Singh and Ayush Singh. Counsel for PIL No. 177 of 2026 were Km. Vishwa Mohini, Jan Laxmi Tewari Senani, and Rajesh Kumar. Respondents in PIL No. 506 of 2026 were represented by Subhash Chandra Pandey and Shishir Jain.
The Annual General Meeting Resolution and the Court’s Assessment
When the bench had taken up PIL No. 506 of 2026 on 26 May 2026, the President and General Secretary of the Oudh Bar Association appeared in court and submitted that the matter was premature. They accepted that the Association was bound by the Supreme Court’s directions, but said that the decision on which specific posts to reserve would be taken at the Annual General Meeting scheduled for July 2026, before the expiry of the existing term on 2 August 2026.
The Annual General Meeting was eventually held on 29 July 2026. The General Secretary informed the bench on 11 August 2026 that the meeting had resolved to reserve one post of Treasurer, three out of six posts of Junior Executive, and three out of six posts of Senior Executive for women. A resolution dated 29 July 2026 was placed before the court and taken on record.
The bench was not satisfied. It held that “the decision in the Annual General Meeting does not ensure adequate representation of women nor is it in tune with the letter and spirit of the orders passed by the Hon’ble Supreme Court.” The Elders Committee had by then taken over the role of conducting the election, and had extended the term of the outgoing Governing/Executive Council by one month to 30 August 2026 under the Bye-laws.
The Supreme Court Orders the Bench Was Enforcing
The bench reproduced two key Supreme Court orders at length. The order dated 13 March 2026 in SLP(C) No. 1404 of 2025 directed the remaining 12 High Courts that had not yet submitted compliance reports to ensure that at least 30% of the members of the Bar involved in elections to the governing or executive body of every Bar Association in their jurisdictions were women. Where the number of women lawyers fell significantly short of 30%, those available were to serve on the governing body. District Judges were authorised to nominate women members to fill any shortfall.
The order dated 16 April 2026 carried a stern warning: Bar Associations that failed to comply with or defied the directions would be liable to be suspended through a judicial order, with fresh elections directed. The Supreme Court also modified the earlier nomination mechanism, directing that nominations for unfilled women’s posts be made by the Administrative Judge or Portfolio Judge of the jurisdictional High Court, in consultation with the District and Sessions Judge, the elected office bearers, and the senior-most women members of the respective District Bar Association. The tenure of nominated members was to be co-terminus with elected members.
The bench also noted Article 144 of the Constitution, which obliges all civil and judicial authorities in India to act in aid of the Supreme Court, and recorded that the Supreme Court’s directions in SLP(C) No. 1404 of 2025 had been issued under Article 142 of the Constitution, making them binding on all Bar Associations.
Why the Association’s Own Resolution Was Insufficient
The Governing/Executive Council of the Oudh Bar Association, as per its Bye-laws, comprises 22 office bearers: one President; one Senior Vice President (requiring at least 20 years of practice); two Vice Presidents (requiring at least 10 years of practice); one Vice President (below 10 years of practice); one General Secretary; one Treasurer; three Joint Secretaries; six ordinary Members of the Governing Council having more than 15 years of practice; and six ordinary Members having less than 15 years of practice.
The bench calculated that 30% of 22 posts amounts to at least 7 posts that must be reserved for women. The AGM resolution — which reserved only one Treasurer post and three Junior Executive and three Senior Executive posts — did not, in the court’s view, cover the full range of posts required.
The outgoing General Secretary and President expressed reservation about reserving posts higher than Treasurer for women. The bench noted that they “could not put forth any such reasoning for such an assertion” and asked why women candidates should be deprived of higher posts. Senior members of the Bar, including Shri Anil Tewari and Dr. L.P. Misra, urged the bench that adequate representation could be provided across various posts, though they suggested deferring the posts of President and General Secretary to 2027.
The Nine-Point Reservation and Rotation Order
Taking all of this into account, the bench issued a nine-point order covering every relevant category of post. For posts where numbers were sufficient, it directed flat reservation in 2026. For single-digit or fewer posts, it applied a rotation system cycling every three years to ensure adequate representation over time. The directions are as follows:
Immediate reservations for 2026 elections: Out of six posts of Junior Executive, two are reserved for women. Out of six posts of Senior Executive, two are reserved for women. One out of three posts of Joint Secretary is reserved for women. The post of Treasurer is reserved for women (already resolved by the AGM), and will again be reserved for women in 2029, then 2032, and so on by rotation. The post of Senior Vice President (20 years of practice) is reserved for women in 2026, then again in 2029, 2032, and so on by rotation.
Reservations commencing in 2027: The post of General Secretary is reserved for women in 2027, then 2030, 2033, and so on by rotation. Out of two posts of Vice President (10 years of practice), one is reserved for women in 2027, then 2030, 2033, and so on by rotation.
Reservations commencing in 2028: The post of Vice President (below 10 years of practice) is reserved for women in 2028, then 2031, 2034, and so on by rotation. The post of President is reserved for women in 2028, then 2031, 2034, and so on by rotation.
The bench stated that it had applied the rotation system specifically to posts numbering fewer than three, to secure adequate representation over successive election cycles.
Nomination Mechanism for Vacancies
If any post reserved for women cannot be filled because no women candidate is available, the bench directed — tracking the Supreme Court’s own modified mechanism from the 16 April 2026 order — that the post shall be filled by nomination of a woman candidate by the Senior Judge of the Allahabad High Court at Lucknow.
Mandatory Criminal Case Disclosure for All Candidates
Since both petitions were PIL proceedings, the bench added a disclosure condition that applies to all candidates, irrespective of gender. Every nomination form must specifically disclose details of any FIR or criminal case lodged against the candidate, along with the candidate’s remarks or explanation and the outcome of such proceedings — whether acquittal, conviction, or pending. Any concealment or misrepresentation on this point can result in cancellation of the candidature or of the election itself. The bench directed that this information be made known to all electors of the Oudh Bar Association.
Legal Basis for Reading Directions into the Bye-Laws
The bench made clear that its directions were being issued to give effect to the Supreme Court’s orders under Article 142, and that they would therefore be read into the existing Bye-laws of the Oudh Bar Association and implemented accordingly. No formal amendment of the Bye-laws by the Association was required as a precondition for compliance.
Outcome
Both PIL No. 506 of 2026 and PIL No. 177 of 2026 were disposed of on 14 August 2026 in the terms set out above. The reservation and rotation schedule takes effect from the ensuing elections of 2026, with the posts of General Secretary and one Vice President (10-year category) to be reserved from 2027, and the posts of the second Vice President (below 10 years) and President to be reserved from 2028.