E-Paper
SC grants govt time till March 31 for report on OBC quota in local polls
A bench of justices Abdul Nazeer and Hima Kohli extended the timeline ordered by the Karnataka high court on submission by solicitor general Tushar Mehta on behalf of the Karnataka government. The solicitor general said a committee would be formed, and the period would be used to collect empirical data.
The Supreme Court on Thursday granted the Karnataka government till March 31, 2023, to submit a report on the political reservation for Other Backward Classes (OBC) in local body polls.
A bench of justices Abdul Nazeer and Hima Kohli extended the timeline ordered by the Karnataka high court on submission by solicitor general Tushar Mehta on behalf of the Karnataka government. The solicitor general said a committee would be formed, and the period would be used to collect empirical data.
“Time is given to the state of Karnataka till March 31, 2023, to analyze the political reservation and reservation of OBCs in local bodies,” the Supreme Court said.
The latest Supreme Court order will further delay the local body elections, including the BBMP polls, which are unlikely to be held before the assembly elections next year.
In September, the Karnataka high court quashed the ward reservation notification and directed the state government to complete the elections to the BBMP on or before December 31 this year.
The court had also asked the state government to furnish empirical data on Scheduled Caste/Scheduled Tribe, OBCs and women to the commission, headed by former Karnataka high court judge justice Bhaktavatsala.
The two-member commission was formed to study the political backwardness of the OBCs to justify political reservation for the community in urban and rural local bodies. Retired IAS officer CR Chikkamath is the other member of the commission.
The government had earlier reserved 28 wards for SC (Scheduled Caste), four for ST (Scheduled Tribe), and 81 seats for OBCs (Other Backward Classes).
The Karnataka high court had quashed the notification and ordered the government to redo it after several writ petitions were filed against the ward reservation.
In November, the state government filed an interlocutory application (IA) before the Karnataka high court, seeking three months to comply with the court orders to issue notification on the ward reservation in the city.
The IA filed by the urban development department claims that the justice K Bhaktavatsala commission has sought more time to get data on the Backward Classes and requires three months from November 30.
The state election commission had opposed the government’s request for more time.
The term of the BBMP ended in September 2020, and the last BBMP polls were held in November 2015. The assembly elections in Karnataka will be held in early 2023. Meanwhile, the Opposition Congress has been accusing the government of delaying the BBMP elections.
“On the 30th anniversary of the Nagarpalika Act - the 74th Amendment of the Constitution, which lays out the framework for both Urban Planning and City Govt, it is a shame that the state government is showing complete contempt for the constitution and finding excuses to hijack grass-root democracy!” Sandeep Anirudhan, Convenor - Citizens’ Agenda for Bengaluru, said.
“If their intent was right, they would have first held elections to the city govt without delay, and then proceeded with the new Act, new delimitation, etc. There is no excuse for not having an elected City Council,” Anirudhan said.
“Also, the BBMP Act 2020, passed in a hurry, is not in accordance with 74th Amendment of the Constitution. A public consultation is overdue and amendments need to be carried out. Even the Metropolitan Planning Committee - the planning authority of the city is not functional. Changes are required to MPC also to conform with 74th Amendment,” Anirudhan said.
“The city has suffered unplanned growth and misgovernance for decades, by violating these laws in our Constitution. This cannot go on unchecked. The government needs to be taken to task,” Anirudhan added.
