Munmun Kaur-
Published On: December 16, 2021 at 9:35 IST
The Supreme Court directed the State Election Commission in Maharashtra to identify the 27% seats reserved for OBC in local body elections and then issue a fresh notification declaring them to be of General Category. Thus, giving a huge blow to the Uddhav Thackeray Government.
The Court also ordered the results of the 73% seats for which the election process was ongoing and that of the remaining freshly notified 27% seats be declared together.
This came as an order in a petition challenging a Maharashtra Ordinance which introduced 27% reservation for OBC category in local elections. Earlier, on December 06, Supreme Court had stayed the election for the 27% seats reserved for OBC meanwhile it had allowed the election process to continue for the 73% general category seats.
A Bench led by Justice A.M. Khanwilkar observed that Maharashtra Government failed to comply with the ‘Triple test’ requirement before reserving seats for OBC. Firstly, setting up a dedicated Commission to conduct a contemporaneous rigorous empirical inquiry into the nature and implications of the backwardness as regards local bodies within the State.
Secondly, in light of recommendations of the Commission, specify the proportion of reservation required to be provisioned local body-wise and thirdly, reservation not to exceed 50% of the seats reserved for SCs/STs/OBCs taken together.
Even though, in June 2021 a commission was duly formed but the Court observed that the government without waiting for the report, promulgated the ordinance.
Also Read: What is Reservation in Government Jobs?