New Delhi: The Supreme Court on Monday stayed 27 per cent seats reserved for Other Backward Classes (OBCs) in Maharashtra till further orders for local body elections.
The top court made it clear that the election process for other seats would continue.
The top court passed the order while hearing two petitions seeking to incorporate/amend provisions through an ordinance allowing reservation of up to 27 per cent uniformly for backward class category of citizens across Maharashtra in respective local bodies. is included.
A bench of Justices AM Khanwilkar and CT Ravikumar said, “Consequently, the State Election Commission cannot be permitted to proceed with the election schedule already notified in respect of seats reserved for OBC category only in the respective local bodies.” “
In its order, the bench said, “The election schedule of all the concerned local bodies in respect of the seats reserved for the Other Backward Classes shall be stayed till further orders.”
The top court said the issue had come up before it earlier and a three-judge bench had ruled in which the court had followed the triple test before making a provision for such reservation for the OBC category.
“In order to set aside the decision of this Court, the disputed Ordinance has been issued by the State Government and in pursuance thereof, the State Election Commission has already notified the election schedule including reservation for OBCs on the grounds specified in the provisions mentioned in the Reservation is included,” the bench said.
The counsel appearing for Maharashtra told the bench that the provision made in the ordinance is in line with the apex court’s decision and it is providing reservation up to 27 per cent only to the backward class category of citizen.
Noting that it is not affected by this contention, the bench observed that without the constitution of a commission to ascertain the extent of reservation required by the local government or without collating the empirical data, it is the State Election Commission for reservation of OBCs. is not open to Category.
This is the first step that should have been done, given that the state government has constituted a commission in June this year.
The top court said that the state government is expediting the process by issuing an ordinance without waiting for the report and opinion.
The bench also directed that the State Election Commission shall not notify the seats reserved for OBC category for future elections to any local body, either mid-term or general elections, as the case may be, till further orders of the apex court.
The bench posted the matter for hearing on December 13 along with a separate petition filed by Maharashtra, seeking a direction to the Center and other authorities to disclose the SECC 2011 raw caste data of OBCs to the state, which have not been provided to them. ask again and again
During the hearing of the petition, the counsel appearing for the State Election Commission said that the local body elections have been notified and the nomination process will be closed on Tuesday.
We will put a stay on only 27 per cent elections, the rest will continue, the bench said.
The counsel for the state told the bench that then there would be no representation of OBCs.
That’s your problem. You have made it. You will have to suffer. The judgment was very clear, the bench said.
The state counsel said the amendment is only clear that it will be up to 27 per cent.
He said the state has sought data from the Center and they are yet to be received.
The bench said that your political compulsions cannot be a ground to undo the decision.
In March this year, the apex court had said that the reservation in favor of OBCs in the respective local bodies in Maharashtra cannot exceed 50 per cent of the total number of seats reserved for SCs, STs and OBCs.
The apex court, while reading out Section 12(2)(c) of the Maharashtra Zilla Parishad and Panchayat Samiti Act 1961, which provided for 27 per cent reservation for backward class persons, also quashed the notification issued by the State Election Commission. Had given. To the extent of providing reservation of seats in the respective local bodies for OBCs in 2018 and 2020.
The apex court had delivered the verdict on petitions seeking to declare Section 12(2)(c) of the 1961 Act against the provisions of the Constitution.
It referred to the triple stipulation set forth in the 2010 Constitution Bench decision, which included setting up a dedicated commission to conduct contemporary rigorous empirical inquiry into the nature and implications of backwardness of local bodies within the state.
Other conditions were – specifying the proportion of reservation required to be made local body wise provision in the light of the recommendations of the Commission so as not to err on the side of excess and in no case such reservation shall exceed 50 per cent of the total. The total number of seats reserved in favor of SC/ST/OBC are taken together.
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