The Maharashtra government reached out to the Supreme Court of India seeking a recall of its December 15 order that directed the de-notification of the 27% reservation for Other Backward Classes (OBC) in the local body elections in the State, as general category seats.
A bench of Justices AM Khanwilkar, Dinesh Maheshwari and CT Ravikumar has agreed to hear the matter on 19th January, Wednesday.
The Supreme Court had put a stay on the elections to seats reserved for the Other Backward Classes (OBC). The court said that the decision to provide quota to the OBC candidates was taken without the triple test mandated by the Supreme Court.
The triple test is conducted in three stages, in the first step, a commision is formed to investigate into the nature of the backwardness in the local bodies of a particular state.
In the second step, a proportion of reservation required for the local body is recommended by the panel.
And in the third and the last step, the panel ensures that the reservation form not exceed the mark of 50% of the total seats kept aside jointly for the Scheduled Castes, Scheduled Tribes and Other Backward Classes (OBC).
A number of petitions were filed before the apex court challenging the Maharashtra State’s ordinance to provide 27 percent reservation for OBCs in the State’s local body elections and the consequent notifications issued by the Election Commission of India to give effect to the same.
The Maharashtra government had introduced an ordinance to ensure reservation to OBC candidates of rural body elections six months after the Supreme Court struck down the 27 percent reservation available. The top court stated that the ordinance breached the cap mandated by the top court.
On December 15,2021 the top court had ordered the SEC to renotify the 27 percent OBC seats as general category seats and to hold the elections for all seats.
“The SEC must issue fresh notification for the remaining 27 percent seats reserved for OBC as general category and commence election process for them along with remaining 73 percent which is on its way. SEC must declare results of both polls simultaneously.”
The Supreme Court had also ordered the Madhya Pradesh Election Commission to re-notify the seats reserved for OBC in local body polls for general category members.