The Court was hearing a bunch of petitions challenging the State’s ordinance to provide 27 percent reservation for OBCs.
The petitions had assailed the the State Election Commission’s (SEC) notification of rules for the local body elections in accordance with the ordinance.
On December 6, 2021, the top court had stayed the SEC notification with respect to OBC seats on the ground that it was prima facie against the mandatory triple-test laid down in Vikas Kishanrao Gawali.
As per the triple test laid out in that judgment, the following conditions are required to be complied with by the State before reserving seats in local bodies for OBCs:
– constituting a commission to study the nature and implications of backwardness with respect to claims for reservation in local bodies;
– laying out the quantum of reservation in line with recommendations of the said commission; and
– not breaching the 50 per cent cap on reservation.
Later on December 15, 2021 the Court had ordered SEC to renotify the 27 percent OBC seats as general category seats and to hold polls simultaneously for all seats.
The Maharashtra government had then approached the top court seeking recall of the December 15 order.
The Court was informed today that elections with respect to seats which were earlier notified as OBC seats, were conducted as open seats as per the Court’s direction.
The results of those elections will be notified by tomorrow, the Court was told.
Hence, the Court said that the issue remaining is regarding the validity of ordinance.
The Maharashtra government then sought the Court’s permission to hold elections as per the data available.
“The information available to the State can be furnished to dedicated commission which can make recommendations to State government as maybe necessary. This obviously would not complete the triple test exercise which has to be completed before reservation of seats in local govt for OBC category,” the Court made it clear.
The commission may submit the interim report to the State government within two weeks, the Court added.
Source: Barandbench
