SC seeks info on Maharashtra local bodies where quota exceeds 50% benchmark

Elections for 246 municipal councils and 42 nagar panchayats are scheduled for December 2 while poll dates for the remaining local bodies was yet to be decided

The Supreme Court on Tuesday sought information about the number of Maharashtra local bodies where the total reservation exceeds the 50% benchmark. It said that the election to these bodies can be held subject to final court orders and asked the state poll panel to ensure all remaining ones comply with the 50% rule.

The court has insisted that the total quota in local bodies cannot exceed 50%. (HT PHOTO)

The court passed the order as it took up a contempt petition against the state government for violating the judgment that laid down the triple test in 2021. The judgment required states to carry out a scientific study before rolling out quotas for Other Backward Classes (OBC) in local bodies. The study was to be followed by the determination of the quantum of reservation to be applied in each local body area, and ensuring that the total reservation of Scheduled Castes, Scheduled Tribes, and OBCs does not exceed 50%.

The court insisted last week that the total quota in local bodies cannot exceed 50%. The state government on Tuesday submitted that it is having a consultation with the state poll panel. It said elections are due for 246 municipal councils and 42 nagar panchayats on December 2. Election dates for 32 zila parishads, 336 panchayat samitis, and 29 municipal corporations are yet to be decided.

A bench of Chief Justice of India Surya Kant and Justice Joymalya Bagchi said, “You first give us a list where there is a breach of 50%.”

Senior advocate Balbir Singh, representing the state poll panel, said the reservation has exceeded in 57 of the local bodies going to the polls on December 2. He said he would come with a comprehensive list across all local bodies by Friday, when the matter will be heard next.

The bench said the 57 local bodies will be subject to the outcome of the court proceedings. “And the other seats must comply with the 50% criteria and the Bantia Commission report.”

As part of the triple test, the state set up the Banthia Commission, which conducted an empirical study and recommended 27% reservation for OBCs in local bodies in 2022.

Solicitor general Tushar Mehta, who appeared for Maharashtra, earlier sought an adjournment until Friday, citing consultations.

The court told Mehta that there was no doubt that the election to the local bodies should be held. “We are aware that, besides the contempt plea, there are applications to modify our earlier order [on holding polls]. We are providing a workable measure to ensure institutions of grassroots democracy become operational. Despite a 50% reservation, people are not getting representation. We will allow elections to be held but will only iron out creases.”

Senior advocate Vikas Singh, appearing for Rahul Ramesh Wagh, who filed the contempt petition, said the figure of 57 local bodies was incorrect. He added over 150 fell foul of the triple test.

The court also heard OBC petitioners, who objected to the Banthia Commission’s 50% formula. Senior advocate Indira Jaising, who represented the OBC petitioners, said that the commission’s report failed to capture the exact count of OBCs. She questioned the report. Jaising said a major reason for this flaw was the absence of any caste census since 1931.

“Whatever we do, we should not divide society on caste lines,” the court said, as it agreed to hear all parties in the matter on Friday.