Vikas S/O Kisanrao Gawali vs The State Of Maha. Thr. Chief ...
2021 Latest Caselaw 16578 Bom

                                                                                          1                                                W.P.No.4859.2021

                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      NAGPUR BENCH : NAGPUR

                                               WRIT PETITION NO. 4859 OF 2021

                                                         Vikas S/o Kisanrao Gawali,
                                                                   ..VS..
                                                       State of Maharashtra and Ors.,
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Office Notes, Office Memoranda of Coram,                                                                     Court's or Judge's orders
appearances, Court's orders of directions
and Registrar's orders
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                                               Shri A. A. Naik, Advocate for petitioner.
                                               Mrs. K. S. Joshi, G.P. for respondent Nos.1 to 4 & 6.
                                               Shri J. B. Kasat, Advocate for respondent No.5.


                                                             CORAM : SUNIL B. SHUKRE AND
                                                                     ANIL L. PANSARE, JJ.

DATED : 30.11.2021

1. Heard.

2. The issue involved in this petition is about the power of the State to issue an Ordinance providing for reservations in favour of OBC's in the concerned local bodies as an interim measure, pending submission of the report appointed by the Backward Class Commission, when the Apex Court has categorically held that unless the report giving the requisite data is submitted by Backward Classes Commission is available, reservations for backward classes cannot be provided, (See judgment dated 04th March, 2021 rendered by Hon'ble Supreme Court in the case of Vikas Kishanrao Gawali Vs. State of Maharashtra and Ors., Writ Petition (Civil) No. 980 of 2019).

3. Learned counsel for the petitioner submits that the Ordinance impugned herein falls foul of the aforestated judgment of the Apex Court.

4. The issue involved here raises important question of law and requires immediate consideration by this Court on its own merits, considering the fact that election programmes as regards the local bodies have already been declared.

5. Issue notice for final disposal at admission stage to the respondents, returnable on 04th December, 2021.

6. Mrs. K. S. Joshi, learned Government Pleader waives service of notice for respondent Nos.1 to 4 and 6. Shri J. B. Kasat, learned counsel waives service of notice for respondent No.5.

7. At this stage, learned counsel for the petitioner prays for grant of interim relief. The request may be considered on the next date as, in our opinion some time is required to be given to the respondents to make their stand clear, if any.

Stand over to 04th December, 2021.

                                           JUDGE                     JUDGE


          Kirtak


Digitally Signed By:KIRTAK
BHIMRAO JANARDHAN
Signing Date:30.11.2021
18:04