The Supreme Court has refused to entertain a plea challenging the constitutional validity of a Maharashtra ordinance reducing the number of seats in the Brihanmumbai Municipal Corporation (BMC), thus paving the way for holding the civic polls.
A bench of Justice D Y Chandrachud and Justice Hima Kohli asked the petitioner to withdraw the plea and approach the Bombay High Court.
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The plea had challenged the Maharashtra government's decision to reduce the number of seats from 236 to 227.
Senior advocate Devadutt Kamat, appearing for the petitioner Raju Shripad Pednekar, submitted that the ordinance is against the orders of the apex court.
"Mr Devadutt Kamat, senior counsel appearing on behalf of the petitioner seeks liberty of the Court to withdraw the petition under Article 32 of the Constitution so as to enable the petitioner to pursue the remedies which are available in law under Article 226 of the Constitution since the petitioner seeks inter alia to challenge the constitutional validity of Maharashtra Ordinance No 7 of 2022 and the Act No 43 of 2022 which has replaced it," the bench said.
"The petition is accordingly dismissed as withdrawn with liberty as sought," the bench said.
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