New Delhi, Dec 6th : .The Supreme Court stayed Monday’s Maharashtra government decision to grant 27 percent reservation for Other Backward Classes.
This ordinance was brought in local body elections.Ravikumar observed that 27 per cent OBC reservation could not be implemented without setting up a commission and also without collating data for inadequacy of representation in local government.
“Without setting up the Commission and collating contemporaneous empirical data to ascertain the extent of reservation required to be provided local body-wise, it is not open for the State Election Commission to provide reservation for OBC category despite the statutory provision in that regard,” said the bench, in its order.
It said the first step of collating empirical data has not been completed so far.
Senior advocate Shekhar Naphade, appearing for the Maharashtra government, argued that the provision inserted vide the impugned Ordinance is in conformity with the decision of the top court.He said that it was for reservation to the backward category of citizens up to 27% In March this year, the top court had rejected Maharashtra’s attempt to make 27% OBC reservation in zilla parishads.
The top court had then said it was violative of the 50 per cent cap laid down in the top court’s Indra Sawhney judgment.
The bench noted that the state government has constituted a commission vide notification dated June 29, 2021.”But, without waiting for its opinion and report, the state government hastened to the process by issuing an Ordinance that clearly impinges on the legal position expounded in the Constitution Bench of the Court and restated by subsequent 3 Judges decisions in Vikas Kishanrao Gani (supra),” it stated.The court said that the election programme for all local bodies in the state regarding reserved seats for the Other Backward Class category, will be halted until further orders.”Rest of Election Programme(s),” it stated The bench also said that the SEC should cease notifying OBC reserved seats in future elections to any local bodies, whether they are general or mid-term, until further orders from the top court.The top court has listed the matter for further hearing on December 13.
The top court passed the order on pleas of two petitioners, Rahul Ramesh Wagh and Kisan Rao, challenging the Maharashtra government Ordinance which introduced 27 per cent OBC quota in the local body elections and the notifications issued by the State Election Commission to give it effect.
ss/vd #empirical #stays #OBCquota #Maha #civic #Delhi #Delhi #New Delhi #Maharashtra #Mon #BSE #Zen
.
