Mumbai: Maharashtra The government on Monday approached the Supreme Court seeking withdrawal of its December 15 order directing re-notification of 27% reservation for OBCs.OBC) in the state local body elections.
Senior state counsel Shekhar Naphde referred the matter and Maharashtra’s standing counsel Rahul Chitnis Took some time to make the application available. SC bench headed by Justice AM Khanvilkarisaid that it will hear Maharashtra’s application on Wednesday along with all other petitions in the matter.
The Central and Madhya Pradesh governments had filed similar applications last month, seeking withdrawal of the Justice Khanwilkar Bench’s December 17 order. The Center and the MP government said that OBC reservation in panchayat and municipal elections is constitutionally mandatory.
The Maharashtra government’s application is on a slightly different ground as it is also submitting some data on OBCs in its petition.
Maharashtra’s application states that the issue raised is “of great public importance and has a pan-India impact on the issue of implementation of OBC reservation in elections”. It said, “…the upliftment of SCs, STs and OBCs has been the top priority of the State and any inadequate representation of OBCs in local self-government defeats the very purpose, intent and purpose of the idea of decentralization of power and governance. take it to the grassroots level.
The Supreme Court had stayed the election of OBC-quota seats, saying its earlier orders required a mandatory “triple test” to determine backwardness.
The Maharashtra application states that as per the Mandal Commission report, 27% reservation is provided to OBCs. The commission was established in 1979.
The application cited several reports that it has an OBC percentage in district councils.
It cited the example of district block and caste office enrollment of students who are not enrolled on the Saral portal, indicating that 17% are from OBC category, 11% from VJNT, 1% from SBC and less than 1% from social and educational are in form. Backward Classes (SEBC). “Hence the total for reserved category students is 30.42 per cent,” the petition said. Having said that the state also has socio-economic data compiled by the Gokhale Institute of Politics and Economics.
The Center had requested the Supreme Court to consider striking a balance between compliance with the triple-test and the constitutional mandate.
Like the Centre, the state has an alternative petition for the appointment of administrators for local bodies or to continue in office until elections are held as per the Supreme Court ruling in K Krishna Murthy v Union of India in 2010. VK Gawli vs State of Maharashtra in 2021.
The central government also sought postponement of the election process and postponement of local body elections by four months as an interim measure. “Till then the administrator can act,” also said the Centre’s plea, which the SC will now hear on Wednesday along with the state’s application.
Senior state counsel Shekhar Naphde referred the matter and Maharashtra’s standing counsel Rahul Chitnis Took some time to make the application available. SC bench headed by Justice AM Khanvilkarisaid that it will hear Maharashtra’s application on Wednesday along with all other petitions in the matter.
The Central and Madhya Pradesh governments had filed similar applications last month, seeking withdrawal of the Justice Khanwilkar Bench’s December 17 order. The Center and the MP government said that OBC reservation in panchayat and municipal elections is constitutionally mandatory.
The Maharashtra government’s application is on a slightly different ground as it is also submitting some data on OBCs in its petition.
Maharashtra’s application states that the issue raised is “of great public importance and has a pan-India impact on the issue of implementation of OBC reservation in elections”. It said, “…the upliftment of SCs, STs and OBCs has been the top priority of the State and any inadequate representation of OBCs in local self-government defeats the very purpose, intent and purpose of the idea of decentralization of power and governance. take it to the grassroots level.
The Supreme Court had stayed the election of OBC-quota seats, saying its earlier orders required a mandatory “triple test” to determine backwardness.
The Maharashtra application states that as per the Mandal Commission report, 27% reservation is provided to OBCs. The commission was established in 1979.
The application cited several reports that it has an OBC percentage in district councils.
It cited the example of district block and caste office enrollment of students who are not enrolled on the Saral portal, indicating that 17% are from OBC category, 11% from VJNT, 1% from SBC and less than 1% from social and educational are in form. Backward Classes (SEBC). “Hence the total for reserved category students is 30.42 per cent,” the petition said. Having said that the state also has socio-economic data compiled by the Gokhale Institute of Politics and Economics.
The Center had requested the Supreme Court to consider striking a balance between compliance with the triple-test and the constitutional mandate.
Like the Centre, the state has an alternative petition for the appointment of administrators for local bodies or to continue in office until elections are held as per the Supreme Court ruling in K Krishna Murthy v Union of India in 2010. VK Gawli vs State of Maharashtra in 2021.
The central government also sought postponement of the election process and postponement of local body elections by four months as an interim measure. “Till then the administrator can act,” also said the Centre’s plea, which the SC will now hear on Wednesday along with the state’s application.
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