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SC tells Maharashtra EC not to re-notify elections to 367 local bodies
The Supreme Court on Thursday told the Maharashtra state election commission not to re-notify elections to the 367 local bodies where election process has begun and said that any attempt to do so to introduce reservation for OBCs would invite contempt of court proceedings.
The Supreme Court on Thursday told the Maharashtra state election commission not to re-notify elections to the 367 local bodies where election process has begun and said that any attempt to do so to introduce reservation for other backward classes (OBCs) would invite contempt of court proceedings.
On July 20, the top court allowed Maharashtra government to implement the Banthia Commission report recommending 27% reservation for OBCs in state local bodies,but specifically excluded 367 local bodies where the election process had already begun.
Neither the election panel nor the state government informed the apex court on that day about a notification issued by the Maharashtra state election commission on July 14 cancelling the election programme to 96 local bodies, which included 92 municipal councils and 4 Nagar Panchayats.
Taking serious exception to such an order being passed by the state election commission (SEC), the bench of justices AM Khanwilkar, AS Oka and JB Pardiwala said, “Do not make us say anything. Now you (state) want to go back and reopen those seats to have reservation as per the (Banthia) Commission report.”
Directing that the SEC was obliged to complete the process for election in respect of 367 local bodies, as specified by the Court in its July 20 order, the bench said, “The SEC shall not re-notify election programme for the 367 local bodies.” It further stated, “In case of any breach of the direction, the SEC or the person concerned will be personally responsible, including for any action of contempt of our earlier direction.”
Thursday’s developments mark the climax of a process that started on July 26 when the state sought a correction in the order passed on July 20. Senior advocate Shekhar Naphade appearing for the Maharashtra government told the Court that the July 14 order passed by SEC should be factored into the court’s July 20 order so that it applies only to 271 village panchayats and not to 96 local bodies, where election may be re-notified as per the recommendations made by the OBC commission headed by former chief secretary Jayant Banthia.
Rejecting the state’s request, the bench said, “We have no hesitation in observing that the understanding of the respondents in respect of the July 20 order, to say the least, is misreading of our judgment.” On the date of passing the order, the SEC was obliged to complete the election process in respect of the 367 local bodies, the bench observed, adding, “There is no reason to have a second look at our order.” The judges held that the only liberty that was given to SEC was to realign dates of elections in any local body where election was already notified in view of certain exigencies such as monsoons, floods, etc.
The formation of the commission and its report was a prerequisite for implementing OBC reservation as part of the triple test formula laid down by the top court in a judgment passed in March last year. The triple test required setting up of a commission to provide empirical data on OBC backwardness, followed by specifying OBC population by local bodies, and finally, fixing the quantum of their reservation in such a manner that the total reservation of SC, ST, OBC in that local body does not exceed the 50% benchmark.
This commission submitted its report to the state on July 7 quantifying OBC population following which the new government in the state headed by Eknath Shinde moved an application in the top court for permission to implement the recommendations contained in the report.
Naphade told the Court that the only attempt made by the state was to bring the July 14 notification of SEC to the knowledge of the bench. He said, “All along we have conformed to the directions given by the Court,” and requested the bench to drop the reference made to initiation of contempt proceedings against SEC.
The bench remarked, “We have stated that elections have to be held without delay and see how much you have been troubling us.”
On July 12, while dealing with the state’s application to accept the Banthia Commission report, the Court specifically asked about local bodies where the election process had already begun. On being given the figure of 367, the bench incorporated this figure in its July 20 order. Naphade said that out of 367, nomination process had not begun in 96 local bodies that fell within the ambit of the SEC’s order of July 14.
Earlier this year, the top court permitted Madhya Pradesh to have OBC reservation in local body polls after it fulfilled the triple test by forming OBC committee and gathering district-wise population of OBCs for the purposes of reservation in local bodies.
