Supreme Court Imposes Rs 50K Costs On Litigant Who Sought 'Neutral Bench' Without OBC/Unreserved Category Judges To Hear Reservation Matter

The Supreme Court on Monday imposed a cost of Rs. 50,000 on a litigant who sought the constitution of a ‘special neutral bench’ with judges who neither belong to OBC nor to unreserved category, to hear a matter pertaining to enhancement in reservation in public service filed by candidates in OBC and unreserved category candidates.

The plea was filed before the Apex Court challenging the order of the Madhya Pradesh High Court that had refused to allow the application filed for constitution of a special bench.

A Division Bench of Justice Hrishikesh Roy and Justice Pankaj Mithal while imposing costs observed:

“The only infirmity that we find with the impugned order of the High Court is that heavy cost was not imposed on the litigant who filed a mischievous I.A. No.1873/2023 seeking constitution of a bench as he wanted, to the writ petition.”

“..this mis-conceived Special Leave Petition is dismissed imposing costs of Rs.50,000/- on the petitioner. The cost amount be deposited with the Supreme Court Legal Services Committee within one month from today.” The Court went on to state in its order.

The Petitioner had filed an application before the High Court seeking a direction for constitution of a Special Bench comprising of members, who neither belong to OBC nor to unreserved category, contending that the matters to be considered had been filed by persons in the OBC category candidates or by unreserved category candidates.

One petition pertained to enhancement in reservation to OBC category from 14 to 27% in public service and the other pertained to persons from the unreserved category.

The Madhya Pradesh High Court while dismissing the application observed that:

“a Judge is not supposed to recuse merely for the asking of a litigant or lawyer. Deciding the cause as per oath is the rule while recusal is a rare exception.”

The High Court had concluded that no recusal was required in the matter:

“..recusal by any one of us in the given facts and circumstances would defy the oath taken for rendering justice without fear or favour, affection or ill will.” the High Court had said. 

Case Title: Lokendra Gurjar V State Of Madhya Pradesh, Special Leave to Appeal (C) No(s). 9682/2023

Citation : 2023 LiveLaw (SC) 540

Click Here To Read/Download Order