VINEET SARAN, B.R.SARANGI
Subash Chandra Biswal – Appellant
Versus
State of Odisha – Respondent
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 he
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