Centre Moves Supreme Court Assailing Top Court's Order Of Staying Elections Process In OBC Seats In MP Local Body Polls

The Central Government has approached the Supreme Court seeking recall or modification of Top Court's order dated December 17 ("impugned order") by which it had stayed the election process in the seats reserved for Other Backward Classes (OBCs) in the local body elections in Madhya Pradesh.

Relief for deferring local body elections for a period of four months with a mandate to the State Government to come out with Commission's report and directing the State Election Commission to hold the elections accordingly has also been sought. 

As an interim measure, the Central government in its application has also prayed for suspending the process of elections and has further sought impleadment in the matter.

It has been argued that uplifting the SC, ST and OBCs has been the government's priority and inadequate representation of OBC's in local self government would defeat the very object, intent and purpose of the very idea of decolonization of power and taking governance to the grass root level.

Contending that inadequate representation or non representation of OBCs has two fold adverse impacts, the application states that,

"Firstly, the persons belonging to OBC category are deprived of an opportunity to be elected to the elected positions through democratic process and fulfil the aspirations of not only the residents of OBC community but everyone else which helps development of leadership quality in such communities. Secondly, such inadequate representation or non-representation deprives the voters belonging to OBCs community to elect one amongst them to the elected offices. It is humbly submitted that the same is strictly contrary to the object, intent and purpose of the constitutional scheme."

Central Government has further stated that the impugned order was passed at a stage when the election process was ongoing with representation of persons belonging to OBC community.

"Any intervention at this stage would deprive the persons belonging to OBC community for five long years which by no stretch of logic can be said to be a short period causing grave prejudices to the backward classes," application states.

In light of this it has also been stated that while the mandate of law in K. Krishnamurthy case and Vikas Kishanrao Gavli case has to be complied with, Top Court may consider striking a balance between the adherence to the aforesaid judgments and protecting the interest of persons belonging to OBC category which is of utmost priority for the Central Government.

With regards to the request made by the Top Court to Solicitor General Tushar Mehta, to impress upon the concerned Authority to issue a communication to the respective State Election Commissions to strictly adhere to the enunciation laid down in Vikas Kishanrao Gawali, Centre has said that,

"As per the assurance given before this Hon'ble Court, the Central Government has already issued a detailed advisory sent to all the State Governments requiring their strict compliance with binding judicial pronouncements in case of "K. Krishnamurthy v. Union of India" (2010) 7 SCC 202 and "Vikas Kishanrao Gavli v. State of Maharashtra" (2021) 6 SCC 73."

In light of this, Central Government has said that such intervention would not only result in compliance of the mandate laid down in K Krishna Murthy and Vikas Kishanrao Gavli's case but also take care of deprivation of the constitutional rights to OBC without in any manner extending the tenure of outgoing members/body who have outlived their constitutional mandate for five years.

Order Dated December 17

The bench of Justices AM Khanwilkar and CT Ravikumar along with staying the elections for OBC had also directed the Election Commission to re-notify the seats for general category. The Top Court further had observed that the election for General Category seats would proceed along with other elections already notified but directed for declaring the results of all the seats (including re-notified General seats) together on the same day.

"In other words, the dispensation directed in respect of Maharashtra Cases would apply proprio vigore to the State of Madhya Pradesh as well, in respect of all the local bodies making no distinction between urban and rural local bodies," the bench further noted in this regards.

Case Title: Manmohan Nagar v Madhya Pradesh State Election Commission