Maha promulgates ordinance to ensure OBC quota in local body polls

The Maharashtra government on Friday promulgated an ordinance to ensure reservation to Other Backward Class (OBC) candidates of rural local body elections six months after the Supreme Court struck down the 27% reservation available stating that it breached the cap mandated by the apex court.

The Maharashtra government on Friday promulgated an ordinance to ensure reservation to Other Backward Class (OBC) candidates of rural local body elections six months after the Supreme Court struck down the 27% reservation available stating that it breached the cap mandated by the apex court.

With this ordinance, the state will amend two laws — the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961 and Maharashtra Village Panchayat Act for Zilla Parishads, Panchayat Samiti and Gram Panchayats — to ensure reservation. (HT PHOTO)

With this ordinance, the state will amend two laws — the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961 and Maharashtra Village Panchayat Act for Zilla Parishads, Panchayat Samiti and Gram Panchayats — to ensure reservation.

However, the amendments will not be applicable for the upcoming district bypolls to be held on October 5 in Palghar, Dhule, Nandurbar, Akola, Washim and Nagpur, chief secretary Sitaram Kunte clarified.

“Considering the SC decision, it is clear that the reservation for OBC communities in local bodies no longer exists. To provide representation to the OBC community, it has decided to reserve 27% seats for the (OBC) community without exceeding the 50% total reservation quota in the local bodies’ as an alternative solution, hence, proposed the amendments in Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961 and Maharashtra Village Panchayat Act. Since the state legislature is not in session and the governor is convinced with the urgency of the matter, this ordinance is promulgated,” the rural development department issued a statement on Friday.

“Soon after the cabinet decision, we wrote to the state election commission requesting to consider the fresh reservation quota for holding bypolls in the backdrop of the ordinance. We told them if not considered then it may antagonize the OBC community, which may lead to a law-and-order situation in the state but they said they are unable to consider it at this stage and are following SC orders,” Kunte said

“The commission further assured to consider the amendment for OBC reservation if the Apex Court issues fresh directives,” he added.

On March 4, the Supreme Court ruled that the reservation for OBC in local bodies should not result in exceeding the 50% cap in reservation quota mandated by it.

It also directed the state to appoint a dedicated commission for collecting empirical data, based on which, the reservation quota of the community be fixed and also allowed the state election commission to hold local bodies polls without having reservations for OBCs.

There are five laws that govern urban and rural local bodies and their elections. The remaining three are the Mumbai Municipal Corporation Act, Maharashtra Municipal Corporations Act and Maharashtra Municipal Councils, Nagar Panchayats and the Industrial Townships Act — fall under the state urban development department.

A decision to bring amendments for OBC reservation in the above three legislations was also taken in the state cabinet meeting held on Wednesday and the ordinance to this effect (to amend the laws) will be sent to the governor for final approval soon, the officials said.

“Any change in the bypolls has to be done at the directions of the Supreme Court because it has directed us to hold the bypolls based on open category candidates. If there is any change for whatever reason, the direction has to come from SC. We are following their directives and can’t change on our own,” state election commissioner UPS Madan told HT last week.