JUDGMENT :

B.R. SARANGI, J.

By means of this writ petition, which has been followed by a series of writ petitions, indulgence of this Court has been sought for in the matter of ratio of reservation adopted by the State Government for conducting election to the local self-Government under the various provisions, namely, Section 10 of the Orissa Grama Panchayats Act, 1964, Section 16 of the Orissa Panchayat Samiti Act, 1959, Section 6 of the Orissa Zilla Parishad Act, 1991 and Section 11 of the Orissa Municipal Act, 1950, wherein the thumb rule laid down by the apex Court in K. Krishna Murthy v. Union of India, (2010) 7 SCC 202, so far as reservation of seats is concerned, has exceeded 50%, thereby violating Articles 14 and 21 of the Constitution of India. The instant writ petition, along the connected matters, had been filed at a point of time when election was imminent. Even though this Court initially passed an interim order, the same was subsequently vacated allowing the election to proceed, subject to the condition that applicability of the judgment in K. Krishna Murthy (supra) would be considered at the time of final adjudication of the matter. Hence, this writ application was heard together with the connected matters and is being disposed of, with the consent of the parties, by this judgment which will govern in connected matters also.

2. For just and proper adjudication, the facts of the instant case, in which pleadings have been completed, have been referred to.

The petitioner, in the instant writ petition, who claims to be a permanent resident of district Sambalpur, has challenged the ratio of reservation in the matter of election to the post of Panchayat Samiti Members under Rengali Panchayat Samiti in the district of Sambalpur fixed by the Collector, Sambalpur, vide notification dated 08.09.2016 in Annexure-1, on the ground that the same is violative of Articles 14 and 21 of the Constitution of India and in contravention of the judgment dated 11.05.2010 in K. Krishna Murthy (supra). He further seeks to declare Section 16 of the Odisha Panchayat Samiti Act, 1959, more particularly Sub-sections (2)(a), (2)(b-1), (3-a)(i) and (3-a)(ii-a) thereof, as ultra vires to the Constitution, as well as contrary to the law laid down by the apex Court in K. Krishna Murthy (supra), as the same provides for reservation for SC, ST and OBC in excess of the upper ceiling limit of 50%. In some of the local bodies reservation for SC, ST and OBC candidates exceeds 50% and the same is in violation of the dictum of the apex Court laid down in the case of K.Krishna Murthy (supra). The exercise to determine the extent of proportionate reservation in consonance with the aforesaid judgment having not been undertaken, it is asserted that the recommendation of the Collector notified on 08.09.2016 in Annnexure-1 is liable to be set aside and the entire exercise be done afresh keeping in view the ratio laid down by the apex Court in K.Krishna Murthy (supra), so far as reservation is concerned. It is further averred that Sub-Sections (2)(a), (2)(b-1), (3-a)(i) and (3-a)(ii-a) of Section 16 of the Odisha Panchayat Samiti Act, 1959, being violative of Articles 14 and 21 of the Constitution and contrary to the judgment of the apex Court in the case of K.Krishna Murthy (supra), the reservation held in respect of SC, ST and OBC in excess of upper ceiling limit of 50% is bad in law, hence this application.

3. Mr. G. Mishra, learned counsel for the petitioner strenuously urged before this Court that as the law laid down by the Constitution Bench of the Supreme Court in K. Krishna Murthy (supra), so far as upper ceiling limit of 50% for reservation of SC, ST and OBC is concerned, has not been followed, the notification dated 08.09.2016 issued in Annexure-1 de horse the said judgment should be quashed and accordingly the provisions of Section 16 of the Odisha Panchayat Samiti Act, 1959 are required to be amended making room for all categories of people keeping the