HC dismisses plea for rejig of bench hearing Maratha reservation challenge

Bombay HC dismisses plea to reconstitute bench hearing Maratha reservation petitions, rejecting concerns about bias, emphasizing impartiality.

MUMBAI: The Bombay high court on Monday dismissed an application made by a petitioner seeking reconstitution of the bench, which has been hearing several petitions challenging the 10% reservation for Marathas in education and public employment. The order was made available on Tuesday. The plea, filed by petitioner Bhausaheb Pawar, aimed to exclude justice GS Kulkarni from the bench, alleging his acquaintance with one of the intervenors, Rajendra Kondhare.

The plea, filed by petitioner Bhausaheb Pawar, aimed to exclude justice GS Kulkarni from the bench. (HT FILE PHOTO/Bhushan Koyande)

Pawar’s application pointed out justice Kulkarni’s previous recusal from a case involving Kondhare in January 2023, citing their association. However, the bench comprising Chief Justice D K Upadhyay, justice G S Kulkarni, and justice Firdosh Pooniwalla rejected the plea.

They clarified that while justice Kulkarni had recused himself from a case involving a personal dispute, the current matter concerned a class action challenging the constitutional validity of the Maharashtra State Reservation for Socially and Educationally Backward Classes Act, 2024.

The court emphasised that the decision on recusal rests with the judge concerned and not the petitioner. Pawar argued that Kondhare’s intervention in a petition against the act and the court’s approval of his intervention application necessitated justice Kulkarni’s recusal to avoid biased perceptions.

The petitioner stressed the importance of impartiality and urged forming another bench to prevent potential complications arising from perceived bias, emphasising the need to save judicial time.

Advocate Subash Jha presented the application for recusal during Monday’s hearing, while advocate Anil Anturkar expressed frustration at the timing of the application, considering the court had already begun hearing interim relief in the matter. Other petitioners, including Doctor Gunratan Sadavarte, also raised objections during the proceedings after which it was dismissed.