Plea in HC urges reconstitution of the bench hearing Maratha quota

Plea seeks reconstitution of Bombay HC bench hearing Maratha reservation petitions due to alleged bias, emphasizing importance of impartiality

MUMBAI: An application before the Bombay high court (HC) has sought reconstitution of the bench hearing several petitions challenging 10% reservation for Marathas in education and public employment. The plea requested the exclusion of justice GS Kulkarni, allegedly for being acquainted with one of the intervenors, Rajendra Kondhare.

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Chief justice DK Upadhyay had earlier constituted a special bench on April 3, 2024, consisting of the chief justice, justice GS Kulkarni, and justice Firdosh Pooniwalla, to handle matters related to the Maratha reservation.

The application, filed by petitioner Bhausaheb Pawar, highlights justice Kulkarni’s previous recusal from a case involving Akhil Bhartiya Maratha Mahasangh, filed against Kondhare in January 2023, due to their association.

Given Kondhare’s intervention in one of the petitions against the act and the high court’s approval of his intervention application, the petitioner argues that justice Kulkarni should ideally recuse himself from the present petition to avoid any perception of bias.

The petitioner asserts that forming another bench is not only desirable but also imperative to ensure impartiality and prevent potential complications that could arise from perceived bias. They emphasise the importance of saving judicial time by addressing this issue promptly. During Monday’s hearing, advocate Subash Jha presented the application for recusal, while advocate Anil Anturkar expressed frustration at the timing of the application, as the court had already begun hearing interim relief in the matter. The court, after hearing the applicant, stated that an order would be passed soon.