Supreme Court Allows OBC Quota In Remaining Local Body Elections In Maharashtra; Directs SEC To Notify Elections In 2 Weeks
The Supreme Court, on Wednesday, allowed OBC reservation in the upcoming local body elections in Maharashtra as per the recommendations of the commission appointed by the State Government.The Court directed the Maharashtra Election Commission (SEC) to notify the election programme with respect to the local bodies wherein it is yet to be notified, within a period of two weeks.In December...
The Supreme Court, on Wednesday, allowed OBC reservation in the upcoming local body elections in Maharashtra as per the recommendations of the commission appointed by the State Government.
The Court directed the Maharashtra Election Commission (SEC) to notify the election programme with respect to the local bodies wherein it is yet to be notified, within a period of two weeks.
In December 2021, the Court had stayed the implementation of 27% OBC quota in local body elections on the ground that it had not satisfied the "triple test" for such reservation. The triple tests are (1) establish a Commission to conduct rigorous empirical inquiry into the nature and implications of the backwardness qua local bodies, within the State; (2) to specify the proportion of reservation required to be provisioned local body wise in light of recommendations of the Commission, so as not to fall foul of overbreadth; and (3) in any case such reservation shall not exceed aggregate of 50 per cent of the total seats reserved in favour of SCs/STs/OBCs taken together.
Following that, the State had set up a 5-member Commission headed by former chief secretary Jayant Banthia to collate data for OBC quota. The Commission submitted its report in June, following which the Government moved an application in the Court seeking permission to implement the quota in the upcoming polls.
The Court on Wednesday disposed of the application in terms of the Commission recommendation, however made it clear that the reservation will not be applicable to the 367 local bodies where the election process had already commenced.
"As regards the remaining local bodies, referred to in the chart filed with the status report, we direct the Election Commission and all the State authorities to ensure that the election process in respect of each of these local bodies is immediately commenced in accord with the recommendation made by the Dedicated Commission", the Court's order stated.
A Bench comprising Justices A.M. Khanwilkar, A.S. Oka and J.B. Pardiwala observed that the election programmes for the concerned local bodies are to proceed in terms of the delimitation that existed prior to 11.03.2022 (prior to coming into force of the Amendment Acts, which had taken away the authority to delimit from the State Election Commission) in order to conduct the overdue elections in respect of the concerned local bodies.
"…We direct the State Election Commission and State Authorities to ensure the election process in respect to each of those local bodies is immediately commenced and taken forward on the basis of order dated 04.05.2022….Accordingly election programme of such local bodies must proceed and the SEC is obliged to notify election programme within two weeks from today, in respect of these local bodies…on the basis of delimitation done prior to coming into effect of Amendment Act…We restate that position. We hope the concerned authorities would be in a position to complete the election process for the remaining bodies in the right earnest in the spirit of requirement of the Constitution."
The Dedicated Commission appointed by the Maharashtra Government to ascertain the extent of OBC reservation required to be provided in its local bodies elections submitted its report, on 07.07.2022, concluding in favour of reservation. Thereafter, the State Government had moved an application seeking the Apex Court's direction that Election Programme be held as per the provisions of Maharashtra Act No. 19 of 2022 and Maharashtra Act No. 20 of 2022, and that the reservation pattern in respect of all local bodies across Maharashtra be notified in accordance with the Report dated 07.07.2022.
On behalf of the State, it was submitted that the quantum of reservation was not uniform across the State. It was vehemently argued that the report has taken into account parameters other than population. It was demonstrated that in some areas, there is no reservation for OBC category in view of reservation already granted to the SC/ST communities.
Senior Advocate Siddharth Bhatnagar appearing on behalf of the SEC apprised the Bench that as on date the election programme for 367 local bodies have already commenced. He added that the prayer sought in the application filed by the State with respect to OBC reservation can be incorporated for the local bodies where the election is yet to be notified. He submitted -
"We will need two weeks to adjust in terms of the application, subject to your lordships' order…"
The petitioners in the main petition, also did not object to the application, but sought liberty to approach the appropriate forum to assail the report as and when required.
The Bench disposed of the application filed by the State in terms of the Report of the Dedicated Commission. It observed that where the election programme is yet to be notified the report can be considered by the SEC. It further granted liberty to the petitioner to challenge the report, as requested.
An intervention application was filed wherein it was submitted that SEC and the State Authorities have not taken necessary measures to ensure the areas affected by delimitation done prior to coming into force of the Amendment Acts would get representation in the local bodies. Considering that no specific case has been demonstrated in this regard and it would further stall the election process, the Bench dismissed the application stating the 'apprehension is premature'.
Justice A.M. Khanwilkar remarked -
"If there is any mischief, the SEC has to bear the brunt. Let the election commence, let the local bodies be there. We want an election, we are making it loud and clear."
The Bench also emphasised that -
"In no case, the election process in respect of local bodies which is already overdue, brook delay"
"..we once again reiterate that in no case, election process in respect of local bodies where it is already overdue can brook any further delay. The Election Commission must act with promptitude and report compliance to this Court", the Court said while concluding the order.
[Case Title: Rahul Ramesh Wagh v State of Maharashtra]
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