The Maharashtra government has told the Supreme Court that the state backward classes commission (SBCC) has granted the clearance for restoring the 27% quota for other backward classes (OBC) in local bodies across the state, and it now required a nod from the top court to reserve seats for OBC in local body elections.
The application, moved by Maharashtra senior standing counsel Rahul Chitnis, was taken up by a bench of Justices AM Khanwilkar and CT Ravikumar on Monday. The bench adjourned the matter to Wednesday.
On January 19, the top court had directed the state government to submit data on Other Backward Classes (OBCs) to the SBCC to examine its correctness and make recommendations on their representation in elections for the local bodies. The court had also directed the SBCC to submit the interim report to the authorities concerned in two weeks of receiving information from the state government.
The state, in its application, said that on February 5, the SBCC gave its recommendation allowing the state government to go ahead with the implementation of a 27% OBC quota in local bodies.
This reservation was stayed by the Court on December 6, after it noticed that the elections to the reserved OBC seats were not according to a triple test formula prescribed by an earlier apex court decision in March 2021. On December 15, the SC directed state poll panel to notify 27% seats in the local bodies, which were earlier reserved for OBCs, as general category seats
{{/usCountry}}This reservation was stayed by the Court on December 6, after it noticed that the elections to the reserved OBC seats were not according to a triple test formula prescribed by an earlier apex court decision in March 2021. On December 15, the SC directed state poll panel to notify 27% seats in the local bodies, which were earlier reserved for OBCs, as general category seats
{{/usCountry}}The formula required the state to set up a dedicated commission, apply quota based on the commission’s findings on backwardness and extent of OBC population in each local body seat and apply the reservation to the extent that reservation does not breach the 50% ceiling in each seat. Following the December 6 order, the top court had even directed that the OBC seats should be re-notified as general seats. However, last month, the Court allowed the state government to share information about the OBC population to the state commission to enable the submission of an interim report.
The application by the state said, “The Commission by an interim report of February 5 has held that “considering the data/documents submitted by the state government and upon analyzing the same, the Commission thought it fit to recommend, to restore and grant 27% reservation (which is already prescribed by various enactments), excluding the areas notified by the panchayats (extension to scheduled areas) act, 1996 (PESA Act) and subject to the permissible upper limit of 50% to backward class community or OBC category in local self-government, i.e. excluding statutory reservations meant for SCs and STs.”
“The state has thus substantially complied with the triple test/conditions enumerated by this Court in Vikas Kisanrao Gawali and is therefore entitled to reserve seats in the local bodies for OBCs….Looking to the issues raised hereinabove, it is just, necessary and proper that the election programme in respect of all local bodies across the state in respect of reserved seats for category OBC be held as per the provisions of the Maharashtra Acts,” the state said.