Do not proceed with 27 pc reservation for OBCs in local body polls: SC

New Delhi, Dec 6 (UNI) The Supreme Court on Monday directed the Maharashtra State Election Commission (SEC) not to proceed with the election process on 27 per cent reserved seat for OBC candidates in local body elections, till further orders.
A two-judge bench, headed by Justice AM Khanwilkar and also comprising Justice CT Ravikumar, passed the order on a bunch of writ petitions, challenging the Maharashtra Ordinance, which introduced 27 per cent OBC quota in the local body polls.
The Court disapproved the state government’s decision to bring ordinance for OBC reservation, without following the mandatory triple test.

The State of Maharashtra, represented through Senior lawyer Shekhar Naphade, had argued before the top court of the country that the ordinance was in conformity with the Court’s decisions and was only providing for reservation of OBC to 27 per cent.

“We are staying it and we’re going to hear it on December 13. You suffer the consequences, if you (Maharashtra government) would have constituted the Commission, you should have waited for the data to be submitted,” the Court said in its order.
The Bench said without the setting up of the Commission to collect data local government wise, it was not open to the State Election Commission (SEC) to provide reservation for OBC category.

SEC cannot be permitted to proceed with the election programme already notified in respect of reserved seats for OBC category only in concerned local bodies, observed the Court.
The concerned local bodies in respect of revered seats for category OBC shall remain stayed until further orders, the Court said.

The rest of election programme can proceed for other reserved seats, including general. SEC shall not notify the reserved seats for mid- term or other general elections as the case be, till further orders, it added.