Maharashtra Govt Moves Supreme Court

New Delhi: Maharashtra government has moved the Supreme Court seeking recall of its order directing the State Election Commission (SEC) to re-notify 27 per cent seats reserved for OBCs in the local body polls, as general category seats.

A bench, headed by Justice A.M. Khanwilkar, agreed to examine the plea on Wednesday this week. Senior advocate Shekhar Naphade, representing the state government, asked the bench to hear the state government’s application for recall of the court’s order.

On December 15, the Supreme Court ordered the SEC and the state government to convert 27 per cent seats in zila parishads and panchayat samitis reserved for OBC into general category, and issue fresh notification.

On December 6, the Supreme Court stayed the Maharashtra government decision to grant 27 per cent reservation for the OBC, which was brought by an ordinance, in the local body elections until further orders.

A batch of pleas had been filed in the top court challenging the state government’s ordinance to provide 27 per cent reservation for OBCs.

A bench headed by Justice Khanwilkar had directed the SEC to renotify the OBC seats as general category, so that polls for those seats can take place as per law along with elections for remaining 73 per cent and the results for both polls can be declared simultaneously.

On December 6, the top court had observed that 27 per cent OBC reservation could not be implemented without setting up a commission and also without collating data for inadequacy of representation in local government.

“Without setting up the Commission and collating contemporaneous empirical data to ascertain the extent of reservation required to be provided local body-wise, it is not open for the State Election Commission to provide reservation for OBC category despite the statutory provision in that regard,” it said in its order.

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