Nishka Srinivas Veluvali
Published On: January 20, 2022 at 14:06 IST
The Supreme Court on Wednesday stated that in accordance with the Triple Test Judgement laid in the Vikas Kishanrao Gawali Case is obligatory before reserving seats for the Other Backward Classes (OBC) in local government bodies in Maharashtra.
The Bench consisting of Justice AM Khanwilkar, Justice Dinesh Maheshwari and Justice CT Ravikumar stated that, “Until the Triple Test is complied with, Maharashtra cannot proceed with such reservation in local body elections”.
The Bench continued, “Maharashtra has asked this court to allow elections based on data available to the State about backward classes. The appropriate step would be to present the data before state appointed dedicated commission which can examine the correctness and if it deems appropriate, make recommendations to the State based on which further steps can be taken by the State or the State Election Commission”.
The Triple Test Judgement laid out by the Supreme Court provides the following conditions to be complied by the State before reserving OBC seats: –
1. Constituting a commission to study the nature and implications of backwardness with respect to claims for reservation in local bodies;
2. Laying out the quantum of reservation in line with recommendations of the said commission; and
3. Not breaching the 50 per cent cap on reservation.
This Order was pronounced by the Supreme Court after the Maharashtra Government sought the Court to permit them to conduct Local Body Election as per the data available with the State. The Court was considering Petitions questioning the State’s Ordinance to give out 27% reservation to the Other Backward Classes (OBCs).
The Supreme Court listed this matter to February 08, 2022.
Also read: History of Reservation in India