New Delhi: In a setback to Odisha government, the Supreme Court has dismissed a review petition filed by the state seeking re-consideration of apex court order dated September 28 upholding Orissa High Court’s order on reservation of seats in Urban Local Bodies’ (ULB).
A two-judge bench of the apex court comprising Justices Uday Umesh Lalit and Sanjay Kishan Kaul dismissed the review petition after taking it up.
According to sources, the state government may file a curative petition in the apex court for reconsideration of latter’s order.
Notably, the curative petition is the last judicial route available for redressal of court grievances. The concept was evolved by the SC in the matter of Rupa Ashok Hurra vs Ashok Hurra and Anr (2002).
The petitioner will have to establish that there was a genuine violation of principles of natural justice in the curative plea. The petition shall state specifically that the grounds mentioned have been taken up in the review petition and that it was dismissed by circulation. It has to be certified by a senior lawyer. The petition should be sent to the three senior most judges and judges of the bench who passed the order affecting the petition, if available. If a majority of the judges on the above bench agree that the matter needs hearing then it would be sent to the same bench (as far as possible).The court could impose “exemplary costs” on the petitioner if the plea lacks merit.
Earlier, the apex court had dismissed the petition of the state government challenging the Orissa High Court order. The SC had observed that the reservation of seats cannot exceed 50 per cent in the urban local bodies’.
Citing the judgment of apex court in K Krishnamurthy versus the Union of India in 2010, the Odisha High Court had directed the state not to exceed the limit beyond 50 per cent of total seats for the Scheduled Castes (SC), Scheduled Tribes (ST) and other backward classes (OBC) in the non-scheduled areas for the forthcoming ULB polls.
