Supreme Court - Daily Orders
The State Of Madhya Pradesh vs Rajkumar Yadav on 15 December, 2021
1
ITEM NO.7+8+15+15.1 & 15.2 COURT NO.3 SECTION IV-C
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No(s). 19575/2021
(Arising out of impugned final judgment and order dated 04-03-2021
in WP No. 2044/2021 passed by the High Court Of M.p At Gwalior)
THE STATE OF MADHYA PRADESH & ORS. Petitioner(s)
VERSUS
RAJKUMAR YADAV & ANR. Respondent(s)
([ TO BE TAKEN UP ALONG WITH W.P.(C) NO. 841/2021 ]****FOR
ADMISSION and I.R. and IA No.154532/2021-EXEMPTION FROM FILING C/C
OF THE IMPUGNED JUDGMENT and IA No.154534/2021-EXEMPTION FROM
FILING O.T. and IA No.154535/2021-EXEMPTION FROM FILING AFFIDAVIT )
WITH
SLP(C) No(s). 19860/2021
([ TO BE TAKEN UP ALONG WITH W.P.(C) NO. 841/2021 ]****FOR
ADMISSION and I.R. and IA No.157029/2021-EXEMPTION FROM FILING C/C
OF THE IMPUGNED JUDGMENT and IA No.157030/2021-EXEMPTION FROM
FILING O.T. and IA No.157032/2021-EXEMPTION FROM FILING AFFIDAVIT )
SLP(C) No(s). 18358/2021
([ TO BE TAKEN UP ALONG WITH W.P.(C) NO. 841/2021 ]****FOR
ADMISSION and I.R. and IA No.145643/2021-EXEMPTION FROM FILING C/C
OF THE IMPUGNED JUDGMENT and IA No.145644/2021-EXEMPTION FROM
FILING O.T )
WITH
SLP(C) No. 18389/2021 (IV-C)
(FOR ADMISSION and I.R. and IA No.146028/2021-EXEMPTION FROM FILING
C/C OF THE IMPUGNED JUDGMENT and IA No.146029/2021-EXEMPTION FROM
FILING O.T. and IA No.146033/2021-EXEMPTION FROM FILING AFFIDAVIT)
SLP(C) No. 19580/2021 (IV-C)
(FOR ADMISSION and I.R. and IA No.154599/2021-EXEMPTION FROM FILING
C/C OF THE IMPUGNED JUDGMENT and IA No.154600/2021-EXEMPTION FROM
FILING O.T. and IA No.154601/2021-EXEMPTION FROM FILING AFFIDAVIT)
Date : 15-12-2021 This petition was called on for hearing today.
CORAM :
Signature Not Verified
Digitally signed by
NEETU KHAJURIA
Date: 2021.12.15
HON'BLE MR. JUSTICE A.M. KHANWILKAR
22:31:27 IST
Reason: HON'BLE MR. JUSTICE C.T. RAVIKUMAR
2
For parties:
Mr. Saurabha Mishra, AAG
Mr. Pashupathi Nath Razdan, AOR
Mr. Varinder Kumar Sharma, AOR
For Respondent(s)
Mr. Tushar Mehta, Ld S.G.
Mr. S. V. Raju, Ld ASG
Mr. Kanu Agrawal, Adv
Mr. Sharath Nambiar, Adv
Mr. Annam Venkatesh, Adv
Mr. Digvijay Dam , Adv
Mr A K Sharma , AOR
Mr. Mrinal Gopal Elker, AOR
Mr. Aman Nandrajog, Adv.
Mr. Sumeer Sodhi, Adv.
Mr. Varun Tankha, Adv.
Mr. Dhruv Wadhwa, Adv.
UPON hearing the counsel the Court made the following
O R D E R
SLP(C) Nos. 19575, 19860, 18358 and 18389 of 2021 These special leave petitions are directed against the interim orders passed by the High Court of Madhya Pradesh in the concerned writ petitions, challenging the validity of the provisions of Madhya Pradesh Municipalities Act, 1961 and rules framed thereunder titled "Madhya Pradesh Municipalities (Reservation of Office of Mayor and President) Rules, 1999". It is submitted on behalf of the State that the State would be content if the writ petitions were to be finally disposed of expeditiously. We accede to that request. 3
Accordingly, we dispose of all these special leave petitions by requesting the High Court to take up the pending writ petitions on urgent basis as they involve challenge to the provisions providing for reservation of seats in local Government in the entire State. It may endeavour to dispose of the cases within three months from the date of receipt of copy of this order.
We hasten to add that while considering the challenge, at the instance of the respective parties, we hope that the High Court will take notice of the dictum of the Constitution Bench of this Court in K. Krishna Murthy (Dr.) & Ors. Vs. Union of India and Anr. reported in (2010) 7 SCC 202 and three Judge Bench in Vikas Kishanrao Gawali Vs. State of Maharashtra & Ors. reported in (2021) 6 SCC 73, which has expounded that reservation for other backward classes can be provisioned only upon compliance of triple test requirement.
All contentions available to the respective parties are left open, to be decided by the High Court on its own merits.
SLP(C) No. 19580/2021
We decline to interfere in this Special Leave Petition. The Special Leave Petition is dismissed 4 accordingly.
Pending applications, if any, stand disposed of.
(DEEPAK SINGH) (VIDYA NEGI) COURT MASTER (SH) COURT MASTER (NSH)