Supreme Court Directs Status Quo On OBC Reservations In Maharashtra Local Polls

The Supreme Court on Monday directed status quo to be maintained in the matter pertaining to OBC reservations in Maharashtra local elections. This means that the OBC quota cannot be implemented for the time being in 367 local boies where the election process has already been notified.

A special bench of the Supreme Court, comprising Chief Justice of India, N.V. Ramana, Justice Abhay S. Oka and Justice J.B. Pardiwala, was considering an application filed by the State of Maharashtra seeking recall of the July 20 and July 28 orders which restrained the State Election Commission from renotifying election process in 367 local bodies, where election process was already notified, so as to implement OBC quota.

The special bench said today that it will constitute a special bench to hear the matter and directed that status quo be maintained for five weeks in the meantime.

The CJI, while hearing the matter today stated–

"You want the EC to recall, renotify elections with OBC reservation.. ok so this is recall application...I cannot take up this case for final disposal. Maintain status quo and it will be listed after 4 to 6 weeks."

Accordingly, the court has directed status quo to be maintained in the matter for 5 weeks and has stated that a special bench shall be constituted for the same.

As per its order dated 20.07.2022, the court had allowed OBC reservation, as recommended the Backward Classes Commission, in the local bodies where election process was yet to be notified within a period of two weeks. However, the Court had  clarified that OBC reservation could not be implemented in the 367 local bodies where election process had already been notified.

Background

The State of Maharashtra had approached the Supreme Court seeking correction in its order dated 20.07.2022.  In the said order the Bench had allowed OBC reservation, as recommended the Backward Classes Commission, in the local bodies (where election process was yet to be notified) within a period of two weeks. However, the Court clarified that OBC reservation could not be implemented in the 367 local bodies where election process had already been notified.

However, in its last hearing, the court was apprised that the State Election Commission has proposed to announce 'fresh election programme' for the 367 local bodies for which the election process had already been notified. The Supreme Court came down heavily on the Maharashtra State Election Commission, and stated that the State Election Commission (SEC) 'cannot and shall not' re-notify the election programme so as to provide reservation in respect of these 367 local bodies. The court had indicated that if the same is not complied with the Court would be compelled to take action against the SEC and other concerned persons.

CASE TITLE: Rahul Ramesh Wagh v. State of Maharashtra And Ors. SLP(C) No. 19756/2021

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