Bhubaneswar: Elections to 114 civic bodies in the state, scheduled to be held in September this year, is likely to be delayed following the state government's decision to move the Supreme Court challenging Orissa High Court's order to cap reservation of seats for SC, ST and OBCs at 50 per cent.

The government has filed its petition in the apex court. State election commissioner Naba Kumar Nayak told The Telegraph: "We will wait for the apex court order."

He said: "The ward delimitation and the reservation of seats process has not been complete. Orissa High Court said the upper limit of 50 per cent reservation for Scheduled Caste, Scheduled Tribe and other backward classes could not be breached. In compliance with the high court order, the state government was supposed to recast the ward delimitation and seat reservation. But it has not been done. The order has been challenged. So, we have to wait for the apex court order."

Director of municipal administration Sangramjit Nayak said: "It is not possible on the part of the state government to complete the process of ward delimitation and reservation of seats in view of the high court's order. We will wait for the Supreme Court order."

The Odisha Municipal Act provides for 27 per cent reservation for OBC and proportionate reservation for SC and ST in that particular area. In the state's 55 of the 114 urban local bodies, reservation of seats go beyond 50 per cent.

The high court in its April 18 order had observed that the Supreme Court had stipulated that reservation of seats could not go beyond 50 per cent and had declared the provision "unconstitutional".

The Congress and the BJP, however, smelt politics in the move and felt that the Naveen Patnaik government did not want elections to the urban bodies before the general elections.

BJP spokesperson Pitambar Acharya said: "The BJD is scared to face the urban electorate. That's why it has gone to the Supreme Court to delay the civic poll."

Acharya, a lawyer, said that the Supreme Court had in its judgment in the K. Krishnamurthy & Others vs Union of India case in 2010 ordered that the 50 per cent ceiling could not be exceeded for urban local body election and the state government was very much aware of it.

He said: "The delimitation of wards and reservation of seats have started in January. What was the government doing when it was fully aware about the 50 per cent capping?"

Pradesh Congress Committee president Niranjan Patnaik said: "The state government has gone to the court probably to delay the urban poll or to suddenly announce the poll to catch the Opposition parties unprepared as soon as the court pronounces its decision."

Refuting the allegations, BJD spokesperson Sasmit Patra said: "The government has approached the apex court to expedite the poll and also provide proper representation to SC, ST and OBC. Had the government implemented the high court order, it would have to go for fresh ward delimitation and seat reservation exercise. That, too, would have resulted in delaying the polls."