New Delhi: According to big news, the Maharashtra government will not be able to give 27 percent reservation to Other Backward Classes in local elections. Let us tell you that the Supreme Court has stayed this.
A bench of Justices AM Khanwilkar and CT Ravi Kumar passed the order on a writ petition challenging the Maharashtra government’s ordinance and the notification issued by the State Election Commission for its enforcement. Which implements a 27 percent OBC quota in local body elections.
The bench observed that the 27% OBC quota could not be implemented without constituting a commission and collecting data about the inadequacy of representation as per the local government.
Ban on OBC’s 27 percent reservation
The Court said in the order that the State Government had brought the ordinance without following the triple tests laid down in Vikas Kishanrao Gawli Vs State of Maharashtra and Ors LL 2021 SC 13 with regard to reservation in local bodies. That is why the decision to give 27 percent reservation to OBCs is being stayed. Along with this, the court has also asked the State Election Commission not to go ahead with this decision.
While staying on the reservation, the court said that the reservation was not given according to the rules. It is to be known that in the month of March this year, the Supreme Court had refused to give 27 percent OBC reservation. Even after this, the Maharashtra government brought this ordinance in September. On which the Supreme Court has stayed this.
The court also said that it is necessary to constitute a commission before giving a reservation. The commission studies and tells that how much reservation is to be given to which caste. After which it is also ensured that the total reservation does not cross the 50 percent limit.
What is a triple test?
1) A commission is set up to conduct a rigorous empirical inquiry into the nature and implications of backwardness in the form of local bodies in the state.
2) The proportion of reservation required to be made local body-wise provision is specified under the recommendations of the Commission. So that the reservation status can be cleared.
3) In no case such reservation should exceed 50 percent of the total number of seats reserved in favor of the Scheduled Castes / Scheduled Tribes / Other Backward Classes (OBCs).
OBC reservation not given under the rule
The bench said that this rule has not been followed in the case of OBC reservation in local elections. Due to which 27 percent reservation in civic elections cannot be implemented. If the State Election Commission wants, it can conduct elections on unreserved and SC / ST seats. But the election on OBC seats will not be held till further orders.