Khushi Doshi
Published on: March 3, 2022, at18:05 IST
The Supreme Court refused to accept the interim report filed by the Maharashtra State Backward Classes Commission, which recommended restoring the 27 percent reservation for Other Backward Classes (OBC) in local body elections, on Thursday.
The Court directed the State of Maharashtra and the State Election Commission not to act on the interim report because it was prepared without empirical study and research.
It may be recalled that the Supreme Court stayed the 27 percent OBC quota in local bodies in December last year, noting that it had been implemented without meeting the “Triple Tests” laid out in Vikas Kishanrao Gawali v State of Maharashtra and Ors LL 2021 SC 13 regarding reservation in local bodies.
The three tests are as follows: (1) establish a Commission to conduct a rigorous empirical investigation into the nature and implications of backwardness qua local bodies within the State; (2) specify the proportion of reservation required to be provisioned local body wise in light of the Commission’s recommendations, so as not to fall foul of overbreadth; and (3) in any case, such reservation shall not exceed 50% of the total seats reserved in favour of SCs/STs.
Later, the Case established the stay order by rejecting the State Government’s recall application. The Court ordered that the 27 percent OBC quota seats be designated as general seats for election purposes. Later, the Court granted the State Government the authority to share study dates with the Backward Classes Commission.
Also Read: Madras High Court to decide on Reservation for Backward Classes for Puducherry Local Body Election
SC Issues Notice on Caste-Wise Census for Backward Classes