'We Don't Want Any Hold Ups In Elections': Supreme Court Agrees To Grant Early Listing For Plea On Maharashtra Local Body Polls

The Supreme Court of India on Wednesday agreed for an early listing of a petition seeking to hold local body polls in the State of Maharashtra. The matter was mentioned before a bench comprising Chief Justice DY Chandrachud and Justice PS Narasimha. 

Upon mentioning of the matter, CJI DY Chandrachud said–

"We'll list an early date. Mr SG you were in UP matter. Ultimately it would be about the triple test. You'll have to take instructions from the government how they want to proceed."

The CJI was referring to the Supreme Court's stay on the Allahabad High Court's direction to the Uttar Pradesh State Election Commission to notify the Urban Local Body Polls without OBC reservation. The Allahabad High Court had directed the State Election Commission to immediately notify the Urban Local Body Polls without OBC reservation. The court had ordered thus as it held that the state government doesn't fulfil the Triple Test Formality as laid down by the Apex Court in the case of Vikas Kishanrao Gawali v. State of Maharashtra & Ors. to determine the political backwardness of OBCs. 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 over breadth; 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.

However, the Solicitor General of India Tushar Mehta informed the court that the State of Maharashtra had complied with the triple test.

The counsel appearing for the petitioners submitted that while the triple test had been complied with, the issue was that elections had not yet been held. He submitted–

"Despite your lordships order of holding elections, there has been some obstruction in the elections."

To this, the CJI asked the Solicitor General to take instructions from the government on why there was a hold up. He said–

"Mr SG, on a broader mandate, you will have to take instructions. We don't want any hold ups with the election."

The Apex Court had earlier allowed OBC reservations in the local body elections in Maharashtra as per the recommendations of the commission appointed by the State Government. Before that, 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.