In major blow to Maha govt, SC orders state to declare poll programme pending decison on OBC quota

The Supreme Court on Wednesday asked the Maharashtra State Election Commission (SEC) to declare local body polls, including in Mumbai, Navi Mumbai and Thane, within two weeks, pending decision on restoring the Other Backward Class quota of 27 per cent. It asked the poll body to keep OBC seats in the general category.

Putting aside the state government's exercise of delimitation, the apex court has said the elections will be held as per the previous structuring of wards. It asked the SEC to keep OBC seats in the general category.

The Supreme Court, in Delhi

Similar directives were issued for some local body elections last year after the SC asked the state for a verification process (triple test) to establish the need and quantum of OBC quota in respective districts and cities. The SC has been hearing similar cases from other states as well.

The order

A three-member bench of Justices A M Khanwilkar, Abhay Oka and C T Ravikumar said it asked the Maharashtra SEC to explain as to why the elections in large number of local bodies (around 2,486) across Maharashtra, though overdue, and in some cases even overdue for two years, have not been taken forward despite the peremptory direction given by this court vide successive orders, including on March 3, 2022. But the SEC said it could not proceed further because the delimitation was being done by the state government under the stated Amendment Act(s).

Residents stand in queue to cast their vote during the BMC poll in 2017. Pic/Nimesh Dave

The court observed that the process of delimitation was a continuous exercise and it may be continued, but it would be relevant only for future elections after it is completed. "For that, the elections of local bodies that had become due on expiry of five years term and required to be conducted before expiry of such term. The conduct of elections of such local bodies cannot brook any delay," the order said.
The court has asked the SEC to notify the election programme within two weeks from Wednesday and file a compliance report on or before July 7 this year.

On OBC quota

The order stated that for providing reservation for Scheduled Castes and Scheduled Tribes, the mandate of the Constitution and statutory provision must be followed. But for the OBCs, compliance of the triple test as asked by the court must be adhered to. "Absent such compliance, no reservation can be provided in the local bodies for that category which may go for elections with immediate effect in terms of this order," it added.

Crucial polls

Following a political turmoil, the Maharashtra government formed a backward class commission to collect empirical data, but an interim report of the commission was rejected by the court. Meanwhile, the state government passed a law to take over power of the SEC to declare election schedules and began delimitation. It then increased wards on the basis of population growth and prepared to postpone the elections till OBC quota was granted.

A few days ago, the SEC had submitted before the SC that it was not feasible to hold elections in the monsoon if the poll process was started anytime soon.

Important elections

At present, some 15 municipal corporations, including Mumbai, Navi Mumbai and Thane, 220 municipal councils, 25 zilla parishads and 284 panchayat samitis are overdue for elections. The administrators (commissioners and chief executive officers) have replaced political leadership.

These elections are termed as mini Assembly polls because of the spread and voters' participation. The outcome helps the principal parties to understand the trend ahead of the general and Assembly elections. The ruling and Opposition parties have rejected polls sans OBC quota, but not without trading charges against each other. The development on Wednesday triggered yet another round of verbal battle.

Govt's failure: Oppn

Fadnavis said it was an outcome of the state government's dilly-dallying tactics and inordinate delay in collecting the empirical data. "It is the state's failure after sitting on it for two years. As asked by the court, the government did not do a triple test (data collection for recommending restoration of quota) and did not submit its side before the court. The court decided against waiting for it any further, but it did not strike down the state laws," he said, adding that the denial would cause irreparable damage to the OBCs in the state.

Jayant Patil, president of the Maharashtra NCP, refused to take it as a shocker for the government.

"It was our effort to have polls with OBC quota. We will study the verdict before deciding the next move."

Patil said there was no point in criticising the MVA government because it wanted OBC quota and worked for it. "But some people went to the court," he said, adding that some local bodies might get the quota because their process hadn't started.