SC directs 27% seat reserved for OBC be notified as general seat
New Delhi: The Supreme Court Wednesday directed the State Election Commission (SEC) of Maharashtra to notify 27 per cent seats in the local body, which were reserved for the Other Backward Classes (OBCs), as general category so that the poll process can be taken forward.
The apex court had on December 6 stayed till further orders the local body election in Maharashtra on seats reserved for the OBCs and had made it clear that the poll process for the other seats would continue.
A bench of Justices A M Khanwilkar and C T Ravikumar, which was hearing an application filed by Maharashtra government seeking modification of the last week order, directed the SEC to issue fresh notification for the 27 per cent seats within a week.
In other words, the SEC must immediately issue fresh notification for the 27 per cent seats, reserved for OBC, as general category and initiate election process for these seats along with the election process, already on its way for the remaining 73 per cent of seats, in the concerned local body, the bench said.
The bench said it is not possible to countenance the arguments that without complying with the triple test, which is required to be followed before provisioning such reservation for OBC category, the state authority or SEC can be permitted to notify the seats for OBC in any local bodies.
The apex court had passed the order last week while hearing two pleas, including the one assailing the provisions inserted/amended through an Ordinance permitting reservation for the category of backward class of citizens up to 27 percent uniformly throughout Maharashtra in the concerned local bodies. In its order passed on Wednesday, the bench said there is no reason to modify the December 6 order in that regard.