Local body elections in Maharashtra this year will be held without any reservation for other backward classes (OBCs), held the Supreme Court on Wednesday as it shot down the Maharashtra government’s plea to stay the entire poll process until the empirical data on OBC can be gathered.
A bench of justices AM Khanwilkar and CT Ravikumar directed the state election commission (SEC) to issue a fresh notification, declaring 567 seats out of a total of 2,100 as general category seats instead of OBC seats. These 567 seats were identified by the SEC in its November 24 notification as OBC seats for election to Zilla Parishads and Panchayat Samitis.
In its order on Wednesday, the top court declared SEC’s November 24 notification “non est” (non-existent). “We direct that SEC notification with respect to OBC be treated as non est where elections have been notified, and renotify them as general category seats so that elections can take place as per the law... SEC must issue fresh notification for 27% seats reserved for OBC as general category and initiate election process for these seats along with the remaining seats,” said the court in its order.
Noting that the election process for the remaining 73% seats is already underway, the court directed that the counting and declaration of results for all seats would, however, be done simultaneously and on the same day. This will also include bypolls, clarified the bench.
{{/usCountry}}Noting that the election process for the remaining 73% seats is already underway, the court directed that the counting and declaration of results for all seats would, however, be done simultaneously and on the same day. This will also include bypolls, clarified the bench.
{{/usCountry}}On December 6, the court stayed till its further orders the local body poll in Maharashtra on seats reserved for the OBCs, while rebuking the state for introducing 27% reservation for OBCs through an ordinance two months ago without collecting data. Even as it made clear that the poll process for the other seats could continue, the bench restrained the SEC from notifying seats for OBCs for any election, either mid-term or any other general election. This interim order was passed in separate petitions filed by Kisanrao Kundalikrao Gawali, a former MLA, and Rahul Ramesh Wagh, a social worker.
Appearing for the state, senior advocate Mukul Rohatgi on Wednesday requested the bench to stay the entire poll process for three months during which the commission will complete the exercise of collecting data on OBC representation in local bodies. Senior counsel Dushyant Dave, representing OBC candidate Rahul Wagh, also pleaded that the election should not go on without reservation for OBCs.