New Delhi: The Supreme Court on Monday stayed till further orders the local body election in Maharashtra in seats where there is the reservation of up to 27 per cent for the Other Backward Classes (OBC).
The apex court made clear that the election process for the other seats would continue.
The top court passed the order 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 per cent uniformly throughout Maharashtra in the concerned local bodies.
“As a result, the State Election Commission shall desist from proceeding with the Election Programme already notified in respect of reserved seats for ‘OBC category only', in the concerned local bodies,” said a bench of Justices A M Khanwilkar and C T Ravikumar.
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“The election programme in respect of all the local bodies across the state in respect of reserved seats for category Other Backward Class, shall remain stayed until further orders,” the bench said in its order.
The apex court observed that a similar issue had come up earlier before it and a three-judge bench had delivered judgement in which the court had noted the triple test to be followed before provisioning such reservation for the OBC category.
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It noted that this was a reiteration of the exposition of the constitution bench on the issue of quantum of the reservation to be provided for OBCs.
"To overcome the decision of this Court, the impugned Ordinance has been issued by the State Government and in compliance thereof, the State Election Commission has already notified the election programme for the concerned local bodies which includes a reservation for OBC on lines specified in the provisions mentioned in the impugned Ordinance,” the bench said.
PTI
